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No end in sight for epic Queensland floods class action
Adam Pomerenke 2020-02-21 12:45 pm By Cat Fredenburgh Melbourne

Dam operator Seqwater will appeal its loss in a long-running class action over the 2011 Queensland floods that destroyed over 2,000 homes, a move derided by the lawyer for the flood victims, who called for “an end to the injustice” her clients have suffered.

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Six-year delay in judge’s ruling ‘deplorable’, Full Court says in Boral sex harassment case
Appeals 2020-02-20 4:44 pm By Christine Caulfield Melbourne

Wood products giant Boral Timber has been found vicariously liable for a male worker’s sexual harrassment of a female colleague, with an appeals court overturning a ruling that it said took a judge more than six years to deliver and “regrettably” brought the administration of justice into disrepute.

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Courts criticised for losing sight of justice in Takata airbag class closure challenge
Acting Justice Arthur Emmett 2020-02-19 8:38 pm By Miklos Bolza Sydney

The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.

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Great Southern investor’s fight over enforceability of Bendigo Bank loan revived on appeal
Agriculture 2020-02-19 3:26 pm By Christine Caulfield Melbourne

Two investors in failed Great Southern Group managed investment schemes have lost their latest appeal over a controversial class action settlement deed that allowed Bendigo and Adelaide Bank to enforce loans issued to fund their investments. But a third borrower, who denied he was a member of the class action, has been given the greenlight to defend the bank’s recovery proceedings.

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In loss for Herbert Smith Freehills, court says self-represented law firms can’t recover costs
Appeals 2020-02-13 4:29 pm By Cat Fredenburgh Melbourne

Herbert Smith Freehills cannot recover its costs for successfully representing itself in litigation with United Petroleum over the company’s aborted initial public offering, with an appeals court finding the High Court’s recent ruling eliminating the so-called Chorley exception for self-represented lawyers applies to law firms as well.

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VW appeals record $125M penalty over ‘dieselgate’ scandal
ACCC 2020-02-12 9:24 am By Cat Fredenburgh Melbourne

Volkswagen has appealed a record $125 million penalty handed down over its emissions cheating scandal by a judge who criticised a $75 million settlement agreement with the Australian Competition and Consumer Commission as “manifestly inadequate”.

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Canadian trader seeks to revive $10M defamation case against ASIC
Appeals 2020-02-11 10:47 pm By Cat Fredenburgh Melbourne

A Canadian trader is appealing a ruling that threw out his $10 million defamation case against the Australian Securities and Investments Commission over allegedly defamatory communications the regulator sent to major stockbrokers.

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Rokt parries blows from Full Court as it looks to save software patent
Advertising 2020-02-10 9:53 pm By Miklos Bolza Sydney

A landmark ruling granting fintech Rokt’s application for a software patent has come under attack before the Full Federal Court, with the judges expressing skepticism about the invention’s patentability.

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Judge tosses Vagisil maker’s challenge to European rival’s trade mark
Appeals 2020-02-04 11:43 am By Miklos Bolza Sydney

The international company behind the Vagisil feminine hygiene brand has lost its bid to stop a European competitor from registering Vagisan as a trade mark in Australia.

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‘Malishus’ trade mark owner appeals ruling awarding $10 in compensatory damages
Appeals 2020-01-29 12:53 pm By Miklos Bolza Sydney

An Australian musician is seeking to appeal a ruling in a trade mark lawsuit against New Zealand-based clothing company Malishus and its directors, which awarded him $32,000 in additional damages for “flagrant” infringement but only $10 in compensatory damages.

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