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TerraCom continues fight to keep PwC report from ASIC investigators
Appeals 2022-04-08 5:06 pm By Miklos Bolza Sydney

Coal mining firm TerraCom has taken its bid to shield a PricewaterhouseCoopers report from ASIC to the Full Court, appealing a judgment which found the regulator could view the report because of public statements made by the company.

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Nurofen maker Reckitt-Benckiser loses High Court appeal bid in Maxigesic feud
Alastair Vincent 2022-04-07 1:54 pm By Christine Caulfield Melbourne

The High Court has rejected a special leave application by consumer goods giant Reckitt-Benckiser in its long-running battle with the maker of painkiller Maxigesic.

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Novartis can’t appeal loss of experts in MS drug patent feud with Pharmacor
Appeals 2022-04-07 12:29 pm By Christine Caulfield Melbourne

The Full Federal Court won’t give Swiss pharmaceuticals giant Novartis the chance to appeal a ruling that threw out three of its four experts in a patent case against generic drug maker Pharmacor.

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High Court deals blow to trust beneficiaries in victory for ATO
Appeals 2022-04-06 5:43 pm By Cindy Cameronne Sydney

The ATO has won a legal challenge over when it can claim tax from trust income, with the High Court finding beneficiaries cannot “retrospectively expunge” their entitlements to the proceeds of a trust despite the potential “unfairness” this creates.

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Snap Fitness franchisee appeals denial of coverage for pandemic-related loss
Allens 2022-04-06 5:29 pm By Sam Matthews Melbourne

Snap Fitness franchisee Dural 24/7 has appealed a ruling that found insurer Lloyd’s could rely on a conformity clause in its insurance contract to deny coverage to the NSW gym for losses related to the coronavirus pandemic.

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High Court awards Paralympian $6.75M for fall in campdrafting competition
Appeals 2022-04-06 5:21 pm By Sam Matthews Melbourne

The High Court has ordered a sports association to pay $6.75 million to a woman who suffered a serious spinal injury after falling during a campdrafting competition in Ellerston, New South Wales, overturning an appeals court decision that cleared the association of negligence.

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Qantas engineers lose appeal over COVID-19 stand down orders
Appeals 2022-04-01 5:39 pm By Cindy Cameronne Sydney

Aircraft engineers for Qantas have lost a challenge to a ruling that the airline had no “genuine choice” when it stood them down in March 2020 during the COVID-19 pandemic.

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High Court won’t hear ALP members’ challenge to federal takeover of election
Appeals 2022-03-31 10:49 pm By Cat Fredenburgh Melbourne

The High Court has declined special leave to members of the Victorian Labor party to challenge a judge’s finding that the pre-selection of ALP candidates in Victorian electorates by federal administrators during their takeover of the state party was lawful.

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Insurer on hook for doctor’s costs in breast implant class action
Appeals 2022-03-31 1:59 pm By Sam Matthews Melbourne

An appeals court has found that Avant Insurance must indemnify a plastic surgeon for his legal bills and the claims of all relevant group members in a class action over alleged botched breast augmentations.

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Airbags class action judge failed to grapple with ‘unknowable’ explosion risk, appeals court hears
Appeals 2022-03-29 11:01 pm By Sam Matthews Melbourne

The plaintiff in a class action against Volkswagen over allegedly deadly Takata airbags has told an appeals court his case was misunderstood by the trial judge, who found he failed to prove that cars fitted with the airbags were not of acceptable quality.

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