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Delaying penalty until after Qantas outsourcing appeal ‘unfair’, court told
Appeals 2021-09-20 6:21 pm By Cindy Cameronne Sydney

Qantas has filed a bid to delay a hearing on penalty after a judge found the airline outsourced ground operations partly to prevent employees engaging in industrial action, but the TWU has said a stay would be “unfair” to 1,600 former ground staff.

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Judge dodges defamation suit by kosher inspector accused of not having ‘shem tov’
Appeals 2021-09-20 6:09 pm By Miklos Bolza Sydney

A Western Australia Supreme Court judge has dodged a lawsuit by a kosher compliance inspector who alleged he was defamed by an email that claimed the inspector did not have “shem tov”, or a good name, in Perth’s Jewish community.

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‘Fruits of victory’ can’t be denied pending insurer’s class action indemnity appeal
Appeals 2021-09-17 6:51 pm By Cindy Cameronne Sydney

Avant Insurance has lost a bid to pause an order that it pay $371,000 in the legal costs of a surgeon facing a class action by breast implant patients of defunct clinic the Cosmetic Institute while the insurer’s appeal is pending.

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Law firm mulls legal action after Whitehaven coal mine extension gets approval
Appeals 2021-09-16 8:58 pm By Bianca Hrovat Sydney

Federal environment minister Sussan Ley has approved a controversial coal mining project that is expected to release 100 million tonnes of carbon dioxide into the Earth’s atmosphere, despite a landmark ruling that the government has a duty of care to consider the impact of fossil fuel projects on the next generation of Australians.

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Puma launches appeal against Caterpillar trade mark decision
Appeals 2021-09-15 11:17 pm By Bianca Hrovat Sydney

Sportswear brand Puma has launched an appeal against a Federal Court decision that found it’s ‘Procat’ trade mark was deceptively similar to US machinery manufacturer Caterpillar’s CAT marks.

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Mineralogy appeals ruling tossing suit as ‘ill-disguised’ attack on ASIC
Amy Reid 2021-09-15 4:00 pm By Cat Fredenburgh Melbourne

Clive Palmer’s Mineralogy has appealed a ruling tossing a lawsuit it brought against ASIC, which a judge called an “ill-disguised collateral attack” on the regulator for criminal proceedings against the billionaire mining magnate over $12 million in payments made to his political party in 2013.

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Halifax investors file Full Court appeal to boost recovery
Alec Leopold 2021-09-13 1:50 pm By Christine Caulfield Sydney

Approximately 1,000 investors of collapsed stockbroker Halifax Investment Services have challenged a court decision concerning the date of the realisation of their investments which decreased the amounts they could recoup from the company’s liquidation.

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Merck Sharp & Dohme appeals judgment tossing Januvia patent extension
Appeals 2021-09-10 6:04 pm By Miklos Bolza Sydney

Merck Sharp & Dohme is seeking to overturn a judgment refusing an extension of a patent covering its Januvia and Janumet diabetes drugs that would have seen the US drug maker of retaining a monopoly over the multibillion dollar medicines beyond July 2022.

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Developer PPK Group appeals defeat in HWL Ebsworth negligence suit
Appeals 2021-09-10 2:19 pm By Christine Caulfield Melbourne

Property developer PPK Group is challenging the dismissal of its long-running negligence case against law firm HWL Ebsworth over the $25.5 million sale of Crown-owned Sydney land.

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Judge pushes on with penalty despite Qantas appeal in case over ground crew
Appeals 2021-09-08 5:40 pm By Miklos Bolza Sydney

Qantas Airways is seeking to overturn a Federal Court finding that its decision to axe 2,000 ground staff and replace them with labour hire workers during the COVID-19 pandemic was made partially to stop workers engaging in industrial action.

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