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Mining giant beats back challenge to lost profits claim in dispute over $2.5B WA iron ore mine
Appeals 2020-07-16 5:27 pm By Christine Caulfield Sydney

A subsidiary of US mining giant Cleveland-Cliffs has fought back a second bid to quash its counterclaim for lost profits in a contractual dispute over the lucrative Koolyanobbing iron ore mine, with the Western Australia Court of Appeal saying the claim was not “clearly untenable” as argued.

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Seqwater appeals 50 percent damages ruling in Queensland floods class action
Appeals 2020-07-14 7:42 pm By Christine Caulfield Melbourne

Dam operator Seqwater is challenging a decision that put it on the hook for 50 per cent of any damages payouts to thousands of members of a long-running class action over the 2011 floods that destroyed 2,000 Queensland homes.

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Aristocrat overdid it with expert evidence in patent case, court says
Appeals 2020-07-13 9:29 pm By Cat Fredenburgh Melbourne

A judge has trimmed the costs the Commissioner of Patents owes Aristocrat Technologies after the gaming giant successfully appealed a ruling rejecting four of its gaming patents, saying Aristocrat had “over-egged the pudding” by submitting evidence from three experts on the patentability of its inventions.

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Lawyer stood down after court slams ‘disturbing’ conduct in Malaysia Airlines class action
Anthony McInerney 2020-07-10 9:29 pm By Alison Eveleigh Sydney

The law firm slammed by the Full Federal Court this week for its conduct in the Malaysia Airlines class action has apologised to the family unknowingly shut out of the class action, and has stood down the lead lawyer in the case.

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Decade-long dispute over vehicle parking monitoring patent rolls on
Adrian Ryan 2020-07-09 7:04 pm By Cat Fredenburgh Melbourne

Vehicle Management Systems will take another crack at opposing a patent application by rival SARB Management Group for an integrated magnetic parking overstay detector.

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Queensland Nickel liquidators appeal $100M loss in case against Clive Palmer
Appeals 2020-07-08 7:35 pm By Christine Caulfield Melbourne

The liquidators of Clive Palmer’s Queensland Nickel are appealing a win for the billionaire in their case over the collapse of the refinery in 2016, which centred on $102 million in loans allegedly paid by Queensland Nickel to Palmer’s Mineralogy.

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ACCC appeals ruling that unconscionable conduct requires victims to have special disadvantage
ACCC 2020-07-08 6:15 pm By Christine Caulfield Melbourne

The ACCC is challenging a ruling that dismissed the watchdog’s claim that property investment company Quantum Housing Group engaged in unconscionable conduct in misleading investors in the National Rental Affordability Scheme, saying the legal test for finding unconsionability under the consumer law needed clarifying.

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Mylan loses Lipidil appeal, despite court finding proof of intention not needed for Swiss-style claims
Appeals 2020-07-03 5:27 pm By Miklos Bolza Sydney

Mylan Health has lost its challenge to a ruling that invalidated three patents related to its blockbuster cholesterol drug Lipidil, despite the appeals court finding the primary judge had erred by ruling that proof of intention was required for Swiss-style claims.

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‘Tabloid crusade’: Judges toss Daily Telegraph’s appeal in Geoffrey Rush defamation case
Appeals 2020-07-02 9:37 am By Alison Eveleigh Sydney

Daily Telegraph publisher Nationwide News has failed in its appeal of a judgment that found it defamed Geoffrey Rush in articles that accused the Oscar-winning actor of sexually inappropriate behaviour, with an appeals court describing the stories as a “sensationalised tabloid crusade”.

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Spotless on the hook for redundancy pay after losing appeal
Appeals 2020-07-01 9:41 pm By Alison Eveleigh Sydney

Cleaning services giant Spotless must pay redundancy entitlements to a group of workers it sacked, after failing to convince a court of appeal that it was exempt from making the payments.

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