Appeals

Fairfax has settled long-running defamation proceedings brought by former Leighton Holdings CFO Peter Gregg over 11 articles that accused him of corruption, after he won an appeal last year overturning his conviction on related criminal charges.

An appeals court has found that building company LU Simon should not pay $12 million in damages for a 2014 fire which broke out in Melbourne's Lacrosse tower and was accelerated by Alucobest cladding panels since the company had relied on consultants’ advice in choosing the cladding material.

A Sydney-based law firm is challenging a ruling that ordered it to pay $1.4 million in damages for failing to properly advise a client of his rights under a partnership agreement after he suffered several strokes.  

The Australian Taxation Office has come up short in its challenge to a decision that a sole trader was eligible for Jobkeeper despite a cancelled ABN, with the Full Federal Court saying the small businessman was entitled to the government COVID-19 handout.

An appeals court has upheld a ruling that Qantas’ dispute with former executive Nick Rohrlach over his defection to competitor Virgin Australia should be heard in Singapore because it falls under an exclusive jurisdiction clause in his employment agreement.  

Qantas has appealed a decision that found its dispute with former executive Nick Rohrlach over his defection to competitor Virgin Australia should be heard in Singapore, saying the exclusive jurisdiction clause in his contract did not “bite”.

Construction company Clough Limited has appealed a ruling that found it cannot claim over $15 million paid to employees for cancellation of their shares and options as a tax deduction.

Freedom Foods is not giving up on its legal battle to have a dispute with Blue Diamond Growers over an almond licensing deal determined in Australia.

The Australian Taxation Office has successfully appealed a Federal Court decision finding it could not recover an R&D tax offset refund of around $2.3 million paid to Auctus Resources despite the payment being made by mistake and the mining company admitting it was not entitled to the money.

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an "extremely significant" judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.