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Spain to revive immunity claims in latest suits to enforce $166.7M arbitration awards
Appeals 2023-05-25 3:38 pm By Cindy Cameronne

Spain has foreshadowed a fresh High Court challenge claiming it is immune from proceedings brought by a renewable energy company and a Deutsche Bank subsidiary to enforce arbitration awards totalling $166.7 million related to changes to its renewable energy policies.

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Insurers challenge CIMIC win on coverage for Iraq bribery cases
Allens 2023-05-24 1:12 pm By Sam Matthews

Appeals and cross-appeals are flying over a judge’s finding that engineering services firm CIMIC Group can pursue insurance claims for costs arising from allegations it engaged in corrupt practices, including a $32 million class action settlement.

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High Court to weigh in on whether finger pointing allowed in arbitration
Appeals 2023-05-22 1:20 pm By Sam Matthews

The High Court has agreed to weigh in on whether proportionate liability defences can be applied in the context of commercial arbitration.

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Corrs Chambers not required to disclose involvement in drafting expert report: Full Court
Appeals 2023-05-19 11:36 pm By Sam Matthews

An appeals court has said that while it might be desirable for law firms to disclose their involvement in drafting expert reports, they are not legally obligated to do so, overturning a finding that Corrs Chambers Westgarth went “far beyond the permissible scope” of involvement in a report prepared for a trade secrets case.

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Tech exec subjected to DXC’s ‘unreasonable’ 7-year restraint clause wins appeal
Acting Justice Carolyn Simpson 2023-05-16 10:28 pm By Sam Matthews

An appeals court has found a seven-year non-competition clause in US tech giant DXC Eclipse’s agreement with the former director of Melbourne software firm Sable37, which it acquired in 2018, was unreasonable.

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Opal Tower class action funder’s appeal of cuts to commission falls flat
Appeals 2023-05-12 11:13 pm By Cat Fredenburgh

An appeals court has shot down funder Augusta’s challenge to a decision that cut its commission in the Opal Tower class action, putting funders on notice that they will have to marshal compelling evidence to win approval for their returns from an increasingly watchful court.

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High Court challenge could clarify scope of reliance damages
Anna Mitchelmore 2023-05-11 5:30 pm By Sam Matthews

A city council in the Hunter Valley region is set to appeal to the High Court a decision that found it was liable to pay a flight company over $3.6 million in damages for wasted expenditure after it repudiated a contract to lease land at the local airport.

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Facial recognition platform Clearview broke privacy laws by scraping images, AAT says
Appeals 2023-05-10 2:35 pm By Sam Matthews

US facial recognition company Clearview breached Australian privacy laws by trawling the web for photos of Australians for use by law enforcement agencies, the Administrative Appeals Tribunal has found.

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Lenders of collapsed Arrium lose appeal over directors’ loan drawdowns
Amy Munro 2023-05-10 12:23 pm By Sam Matthews

Commonwealth Bank and other lenders of failed steel giant Arrium have lost a second attempt to put two of the company’s directors on the hook for alleged misleading representations on loan drawdown notices ahead of its $2.8 billion collapse.

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High Court win for Qantas in outsourcing appeal would create ‘whack-a-mole’ legal right, TWU says
Appeals 2023-05-09 11:42 pm By Cat Fredenburgh

If Qantas triumphs in its High Court appeal of a ruling that found it violated the Fair Work Act when it outsourced ground crew at the peak of the COVID-19 pandemic, it would create a “whack-a-mole” legal right to terminate disadvantaged people, the Transport Workers Union has argued.

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