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Banksia judge made no allowance for ‘youth and inexperience’ of Mark Elliott’s son, appeal says
Andrew Palmer 2021-11-26 12:48 pm By Christine Caulfield Melbourne

The judge who made findings against the son of the mastermind behind the Banksia class action scam may have formed strong views about the 27-year-old’s role before he testified and used the flawed suggestion that he was his father’s right-hand man as an “evidential gap filler”, an appeals court has been told.

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‘Not a shred of evidence’: Judge questions appeal in HWL Ebsworth negligence suit
Acting Justice Carolyn Simpson 2021-11-25 9:31 pm By Cindy Cameronne Sydney

A judge has questioned property developer PPK Group’s challenge to the dismissal of its long-running negligence case against HWL Ebsworth over the $25.5 million sale of Crown-owned land in Sydney.

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SPC loses appeal of $1.2M judgment over Coca-Cola Amatil deal
Appeals 2021-11-23 9:22 pm By Cindy Cameronne Sydney

Melbourne-based joint venture Shepparton Partners Collective has lost its appeal of a $1.2 million judgment that found it infringed software developer QAD’s copyright by failing to pay a transfer fee to retain the licence after it acquired the iconic SPC Ardmona cannery in Victoria from Coca-Cola Amatil for $40 million.

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Banksia class action barristers declare bankruptcy after $21.7M judgment
Andrew Palmer 2021-11-19 9:39 pm By Christine Caulfield Melbourne

Two former barristers ordered to pay at least $21.7 million in damages and costs for their role in a fraudulent scheme to pocket a windfall from the Banksia Securities class action have filed for bankruptcy.

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Full Court shoots down Aristocrat’s patents for popular poker machine
Appeals 2021-11-19 9:26 pm By Cindy Cameronne Sydney

IP Australia has won its appeal of a judge’s decision to allow four Aristocrat patents for its popular Lightning Link electronic poker machine to proceed to grant, with the Full Court finding the invention merely implemented an abstract idea on a computer and was not patentable.

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Christian Porter loses court bid for notes of meeting between silk, accuser’s friend
ABC 2021-11-17 11:17 am By Miklos Bolza Sydney

A judge has denied former Attorney-General Christian Porter access to material about a crucial meeting involving Jo Dyer, the friend of a woman who accused him of rape, which he sought to bolster his appeal of the removal of silk Sue Chrysanthou from his now-settled defamation case against the ABC.

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High Court shoots down Volkswagen’s challenge to landmark $125M dieselgate penalty
ACCC 2021-11-12 12:31 pm By Miklos Bolza Sydney

The High Court has rejected Volkswagen’s special leave application to challenge a record $125 million penalty for selling cars with a defeat device that allowed them to cheat on emissions tests.

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GetSwift mulls appeal of scathing judgment on ‘PR-driven’ approach to ASX statements
Alan Shearer 2021-11-11 5:51 pm By Cat Fredenburgh Melbourne

Logistics company GetSwift says it is considering an appeal of an 859-page judgment which lambasted the company and its directors’ “public relations-driven approach” to announcements on the Australian Stock Exchange.

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Top judge did ‘unexplained violence’ to Star’s business interruption policy, Full Court told
Adam Pomerenke 2021-11-08 9:42 pm By Miklos Bolza Sydney

In rejecting a bid by The Star Entertainment Group to recoup losses stemming from the COVID-19 pandemic, the Federal Court’s Chief Justice did “real and unexplained violence” to the construction of a business interruption policy the casino giant had taken out with Chubb, the Full Court has heard.

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Lawyer takes Banksia class action ruling to appeals court
Andrew Palmer 2021-11-08 10:28 am By Christine Caulfield Melbourne

The Banksia Securities class action saga will return to the appeals court, with a lawyer indicating he plans to challenge last month’s ruling that found he knowingly assisted in a plot to defraud tens of thousands of investors in the collapsed lender.

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