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ASIC appeals ruling in case against payday lenders Cigno, BHF Solutions
Adam Pomerenke 2021-07-20 9:09 pm By Cindy Cameronne Sydney

ASIC is challenging the dismissal of its enforcement action against payday lenders Cigno and BHF Solutions in a decision that found the companies did not need a licence to issue loans to hundreds of thousands of consumers.

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Government challenges ‘incoherent’ duty of care in climate change class action appeal
Appeals 2021-07-20 4:44 pm By Miklos Bolza Sydney

The Commonwealth says a landmark ruling in a class action that found it has a duty of care to protect Australian children from the effects of global warming is “incoherent” and distorts its ability to balance competing interests.

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‘A hint, a wink or a nod’: Appeals court says harassment need not be sexually explicit
Appeals 2021-07-20 4:08 pm By Bianca Hrovat Sydney

An appeals court has upheld a $100,000 sexual harassment judgment against a Sanitarium-owned company for designing, displaying and distributing a poster featuring a worker alongside the words “feel great – lubricate”.

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SPC appeals $1.2M judgment related to $40M Coca-Cola Amatil deal
Appeals 2021-07-19 5:31 pm By Miklos Bolza Sydney

Melbourne-based joint venture Shepparton Partners Collective has appealed a $1.2 million judgment which 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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Noni B owner appeals ruling ordering it to hand over docs to ACMA
ACMA 2021-07-19 1:16 pm By Cat Fredenburgh

Mosaic Brands has appealed a ruling ordering it to comply with a request for documents from the Australian Communications and Media Authority over its potential violations of the Spam Act.

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IP Australia accuses judge of ‘impermissible gloss’ on patent term extension law
Appeals 2021-07-15 5:29 pm By Cindy Cameronne Sydney

IP Australia has appealed a ruling granting drug company Ono Pharmaceutical a patent extension for a cancer immunotherapy drug, calling it an “impermissible gloss” on the Patents Act that is at odds with the law’s purpose.

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Judge admonished for ‘complete lack of intellectual engagement’ in migration case
Appeals 2021-07-15 2:18 pm By Bianca Hrovat Sydney

A Federal Court judge has admonished Federal Circuit Court Judge Sandy Street for “a complete lack of intellectual engagement” in considering whether an Indian migrant engaged in a sham marriage in order to stay in Australia.

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‘Pretty embarrassing’: Teen frowns on government’s appeal of victory in climate change class action
Appeals 2021-07-09 3:39 pm By Bianca Hrovat Sydney

The Federal Minister for the Environment has announced plans to appeal a Federal Court judgment that found the government has a duty of care to protect Australian children from the impacts of climate change. 

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Apple will take fight with Epic Games to the High Court
ACCC 2021-07-09 9:53 am By Cat Fredenburgh Melbourne

Apple plans to appeal the Full Federal Court’s decision that Epic Games’ misuse of market power lawsuit over it App Store terms should be heard in Australia because the case raises issues of “fundamental public interest”.

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BHP asks High Court to weigh in on inclusion of foreign investors in class action
Alistair Pound 2021-07-05 11:56 am By Cat Fredenburgh Melbourne

Global resources giant BHP Group is seeking special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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