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Judge blasts Pitcher Partners’ ‘terrible’ argument in $127M appeal against Twigg family
Appeals 2023-07-25 11:26 pm By Cindy Cameronne

An appeals court has taken Pitcher Partners to task in its appeal seeking to throw out a lawsuit over the accounting firm’s alleged involvement in race car driver Max Twigg’s misappropriation of $127 million from his family. 

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Arrium lenders file High Court challenge over directors’ loan drawdowns
Amy Munro 2023-07-25 3:58 pm By Cindy Cameronne

Commonwealth Bank and other lenders of Arrium have filed for special leave to appeal to the High Court after losing their latest bid to make two directors liable for allegedly misleading them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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Retired law firm partner loses battle with ATO over final payments
Appeals 2023-07-13 4:18 pm By Christine Caulfield

A former law firm partner has lost his scrap with the Australian Taxation Office over exit payments he received on retirement, with a court ruling his $180,000 payout could not be offset against repayments made to the partnership’s capital account. 

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BHP unit brings High Court challenge over Christmas Day work
Appeals 2023-07-12 4:25 pm By Cindy Cameronne

BHP in-house labour hire provider Operations Services has filed for special leave to appeal to the High Court a finding that it unlawfully required its coal miners to work on Christmas Day and Boxing Day.

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Ben Roberts-Smith appeals after court finds he committed war crimes
Appeals 2023-07-11 3:27 pm By Cindy Cameronne

Former SAS corporal Ben Roberts-Smith has filed an appeal after he lost his defamation case against Nine-owned Fairfax in a ruling that found he committed murder in Afghanistan and was not a reliable witness. 

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Hytera appeals ruling it stole Motorola’s code, copied computer programs
Appeals 2023-07-10 5:36 pm By Christine Caulfield

Chinese radio manufacturer Hytera has launched an appeal of a ruling that it misappropriated the source code of US mobile phone giant Motorola in a case of “substantial industrial theft”.

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Mining magnate Gina Rinehart can’t fight use of arbitration docs as trial in family feud begins
Appeals 2023-07-10 3:44 pm By Gareth Baker

Hancock Prospecting can’t challenge an order that documents produced in arbitration are fair game, as the mining company’s chief, Gina Rinehart, battles her children in a trial over ownership of a valuable tenement set to start Monday.

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Peru sour after failed bid to trade mark pisco
Andrew Fox 2023-07-04 5:07 pm By Gareth Baker

The government of Peru has appealed a ruling that rejected its bid to trade mark the alcoholic spirit pisco, after an IP Australia delegate found Aussie consumers think of more than Peruvian pisco when they see the name.

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Financial stakes high in Atanaskovic Hartnell’s challenge to ‘campaign of denigration’ ruling
Appeals 2023-07-04 3:10 pm By Gareth Baker

An appeal by Atanaskovic Hartnell over a $330,000 damages judgment in favor of a former general manager is motivated in part by the court’s award of costs in what is a typical ‘no-cost’ employment case, the firm has told a judge, who questioned how much money had been spent on the case already.

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Lawyer shielded by advocate’s immunity for omission of claim against builder: appeals court
Acting Justice Carolyn Simpson 2023-06-28 2:42 pm By Cindy Cameronne

An appeals court has held that a Sydney solicitor can’t be sued for negligence for a failure to include a breach of contract claim in a building dispute, saying the lawyer was protected by advocate’s immunity because his decision was “intimately connected” with the litigation.

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