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High Court to hear Glencore shipping fee fight with Port of Newcastle
ACCC 2021-03-17 11:50 am By Cat Fredenburgh Melbourne

The High Court will weigh in on a dispute between the Port of Newcastle and mining giant Glencore over access charges to shipping channels used to export coal from the Hunter Valley.

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Lawyer gets greenlight to file late defamation suit against Ten
Appeals 2021-03-16 5:22 pm By Miklos Bolza Sydney

A Sydney solicitor has won an extension of time to file a defamation case against Network Ten after an appeals court found he had valid reason for not bringing the case by the one-year deadline — fighting criminal charges that were eventually dropped.

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High Court rejects Rinehart’s ‘very odd’ special leave bid in dispute over mining assets
Adam Hochroth 2021-03-15 8:39 pm By Miklos Bolza Sydney

The High Court has rejected special leave applications by mining magnate Gina Rinehart to appeal a ruling which only partially stayed a legal dispute over ownership rights and royalties relating to the Rinehart family-owned Hope Downs iron ore mine, with one judge calling the mining magnate’s arguments a “tortured articulation” and “very odd”. 

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Law firm racked up $60M legal bill in Queensland floods class action
Appeals 2021-03-15 2:01 pm By Miklos Bolza Sydney

The law firm behind a long-running class action over the 2011 floods in Queensland which reached a $440 million partial settlement last month has estimated that its legal bill to date totals around $60 million.

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Full Court dashes Bendigo and Adelaide Bank’s hopes of saving ‘community bank’ trade mark
Allens 2021-03-11 4:47 pm By Cat Fredenburgh Melbourne

Bendigo and Adelaide Bank has lost its appeal of a ruling that revoked its 22-year-old ‘community bank’ trade mark, with the Full Federal Court agreeing that the phrase has an ordinary signification and cannot be trade marked for the bank’s services.

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5 takeaways from High Court’s ruling on class action beauty parades
Analysis 2021-03-10 10:02 pm By Christine Caulfield Melbourne

Lawyers and experts welcomed the High Court’s ruling Wednesday, which approved a class action beauty parade approach to dealing with competing proceedings and provided guidance as to how judges might otherwise manage the problem of duplicative cases. Here, Lawyerly outlines the important things to take away from the majority’s judgment.

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ATO wins High Court appeal against Travelex over mistaken $149,000 tax surplus
Appeals 2021-03-10 3:45 pm By Miklos Bolza Sydney

The High Court has ruled that the tax office was not obliged to refund money for tax surpluses mistakenly issued under the GST Act, in a long-running legal dispute between the Commissioner of Taxation and foreign currency exchange Travelex.

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High Court says ‘no one size fits all’ when it comes to competing class actions
Adam Hochroth 2021-03-10 10:18 am By Christine Caulfield Melbourne

Judges have power to manage competing class actions by picking a winner in a so-called beauty parade, the High Court has ruled, but there is no one size fits all approach to the decision, and the law firm that files first is not guaranteed the coveted prize.

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Appeal filed after judge rejects bid for oral discovery in 7-Eleven class actions
7-Eleven 2021-03-09 4:25 pm By Miklos Bolza Sydney

The lead plaintiffs in two class actions against 7-Eleven have appealed a decision rejecting the very first Federal Court application for oral discovery, which would have seen four former employees bound by confidentiality agreements give evidence.

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High Court refuses special leave to Healius in $60M tax refund battle
Appeals 2021-03-05 5:59 pm By Christine Caulfield Melbourne

Health care giant Healius has lost its application to the High Court to challenge a $60 million win for the Australian Taxation Office.

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