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Australian Bar Association’s trade mark lawsuit is not a class action, judge says
Appeals 2020-06-03 3:40 pm By Miklos Bolza Sydney

A trade mark infringement lawsuit filed by the former CEO of the Australian Bar Association was not properly brought as a class action on behalf of member barristers, a judge has found.

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High Court won’t hear East Timor’s request to shut down $328M dispute
Appeals 2020-06-01 10:37 am By Cat Fredenburgh Melbourne

The High Court will not weigh in on a jurisdictional challenge by the Democratic Republic of East Timor to a lawsuit brought by Australian oil and gas company Lighthouse Corporation over $328 million in alleged losses stemming from a failed fuel supply agreement.

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High Court won’t hear Fortescue challenge to native title ruling
Appeals 2020-05-29 9:53 pm By Cat Fredenburgh Melbourne

The High Court has declined Fortescue Metals’ bid for special leave to appeal a ruling that granted native title to the Yinjibarndi people over a large section of land in the Pilbara region of Western Australia.

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Judge should have thrown out taxi driver class action, Uber tells appeals court
Appeals 2020-05-28 9:52 pm By Alison Eveleigh Sydney

Uber has once again attempted to put the brakes on a landmark class action which alleges the ride-sharing giant engaged in a conspiracy to steal business from taxi and limousine drivers across four states, telling a court of appeal that the trial judge wrongly departed from prevailing laws.

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Maurice Blackburn loses appeal over bushfire class action tax bill
Appeals 2020-05-28 3:05 pm By Miklos Bolza Sydney

Maurice Blackburn has come up short in its challenge to a multimillion dollar tax bill for a record settlement payout in the Black Saturday bushfire class actions.

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Telstra not liable for worker’s 2.30am hip injury on work trip, court finds
Appeals 2020-05-28 12:17 pm By Miklos Bolza Sydney

A court has dismissed a Telstra worker’s appeal seeking compensation for an injury sustained after a long night out during a work trip, finding that because the injury occurred at 2.30am it “lacked a connection” with her employment with the telecommunications company.

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Fuchs appeals ruling for Quaker over patents used at BHP mine
Andrew Fox 2020-05-27 11:07 am By Christine Caulfield Melbourne

Fuchs Lubricants is contesting a finding that it infringed patents owned by Quaker Chemicals in supplying hydraulic fluid to a BHP Billiton-owned mine.

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Ex-McCabe Curwood lawyer ordered to pay legal bill after ‘incompetent’ appeal
Acting Justice Carolyn Simpson 2020-05-26 4:29 pm By Miklos Bolza Sydney

A former solicitor with McCabe Curwood has lost his attempt to overturn an order that he pay $36,000 in costs to his former employer, after an appeals court found that his challenge was “incompetent”.

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‘Threat of a heavy sanction’: Shareholder slams opt-out notice in AMP class action
Adam Hochroth 2020-05-25 8:15 pm By Miklos Bolza Sydney

A proposed notice to eligible group members in Maurice Blackburn’s class action against AMP over its fees for no services scandal threatened to bar unregistered shareholders from any settlement stemming from mediation in the case, a threat barred by a recent ruling finding that courts have no power to close class actions to signed up group members, an appeals court has heard.

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Judge was wrong to find breach worker didn’t allege, court hears
Appeals 2020-05-21 9:19 pm By Christine Caulfield Sydney

Heiko Constructions has won approval to appeal a ruling from Federal Circuit Court Judge Salvatore Vasta that found the company committed a breach of the Fair Work Act that was not pleaded by the former employee who brought the case.

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