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Murray Darling Basin Authority fails again to limit class action liability
Agriculture 2021-10-12 12:45 pm By Miklos Bolza Sydney

The Murray Darling Basin Authority can’t rely on defences claiming it is a “public or other authority” to limit the liability of a class action brought over alleged negligent water management, an appeals court has found.

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High Court asked to weigh in on Queensland floods class action
Appeals 2021-10-07 11:25 pm By Cat Fredenburgh Melbourne

The applicants in the Queensland floods class action have asked the High Court to overturn a judgment which found dam operator Seqwater was not liable because it was functioning as a public authority when operating two dams during the 2011 floods, arguing the case raises important issues about appeals in ‘mega’ litigation.

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Ex-Dick Smith CFO to appeal $43M victory for NAB
Alan Shearer 2021-10-07 6:25 pm By Miklos Bolza Sydney

Dick Smith’s former CFO will appeal a $43 million judgment in favour of National Australia Bank over his role in the retailer’s collapse.

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Carnival keeps up fight to exclude foreign passengers from class action
Amy Reid 2021-10-06 5:44 pm By Christine Caulfield Melbourne

Carnival has launched a challenge to last month’s court finding that overseas passengers could remain group members in a class action over the 2020 Ruby Princess COVID-19 outbreak.

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Santos wins appeal in $475M dispute with Fluor over gas contracts
Appeals 2021-09-28 9:07 pm By Bianca Hrovat Sydney

Oil and gas producer Santos has successfully challenged the summary dismissal of its claim for recovery of more than $470 million paid to contractor Fluor Corporation in overhead costs incurred after the estimated completion date of gas hubs in the Surat Basin.

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Judge wrong to shut down MySuper class action, appeals court hears
Allens 2021-09-27 9:01 pm By Miklos Bolza Sydney

A judge overstepped in throwing out a class action against two National Australia Bank units over alleged MySuper mismanagement because of a carveout in the Victorian Supreme Court Act which bars class actions involving trust property, an appeals court has heard.

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Latest patent ruling rejecting AI inventorship puts Federal Court in minority
Allens 2021-09-24 1:58 pm By Miklos Bolza Sydney

The Federal Court’s decision that artificial intelligence can be listed on a patent application as the inventor has become an outlier, as the UK joins the US in rejecting what has become an international battle to claim AI inventorship.

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Gina Rinehart’s daughter loses appeal bid to dodge arbitration over $4B family trust
Appeals 2021-09-22 2:37 pm By Miklos Bolza Sydney

The NSW Court of Appeal has refused to grant Bianca Rinehart leave to appeal a decision staying a lawsuit against her mother Gina Rinehart over ownership of a $4 billion family trust.

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ATO wins info on 1,500 tax docs, teeing up potential privilege battle with CUB
Angela Lee 2021-09-21 5:44 pm By Miklos Bolza Sydney

Iconic Australian beer manufacturer Carlton & United Breweries has lost an appeal seeking to shield information about 1,500 allegedly privileged documents from the Australian Taxation Office.

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Qantas can’t stay penalty hearing in outsourcing dispute with TWU
Appeals 2021-09-21 2:26 pm By Miklos Bolza Sydney

Qantas has lost its second attempt to delay a hearing on further relief pending an appeal in its outsourcing spat with the Transport Workers Union, with a judge finding a stay would prejudice the union more than the airline.

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