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State flags High Court appeal in hotel quarantine class action
Adam Hochroth 2023-05-09 11:10 pm By Sam Matthews Melbourne

The state of Victoria has foreshadowed a High Court challenge in its fight to stay a class action over the 2020 hotel quarantine in light of criminal action, an appeal it said raised issues relating to the “increasing and regular prosecutions” of government and corporate entities over health and safety laws.

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Barrister’s $320,000 bill set aside as appeals court takes ‘purposive approach’ to disclosure rules
Appeals 2023-05-05 12:40 pm By Sam Matthews

An appeals court has set aside a barrister’s $320,000 bill for a case initially estimated to cost $60,000 in counsel fees, applying a “purposive approach” to the rules governing lawyers’ disclosure obligations.

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Shipping exec who felt pressured to retire wins $230,000 judgment
Andrew Gotting 2023-05-04 11:22 pm By Cat Fredenburgh Melbourne

A former chief accountant for MUR Shipping who claims he was pressured to retire has won an appeal in his age discrimination case, bumping his damages award up from $20,000 to around $230,000.

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Ex-BCEG directors claw back costs after shaving $12.5M off judgment
Anna Mitchelmore 2023-05-04 2:43 pm By Sam Matthews Melbourne

Two ex-directors of Chinese construction and engineering firm BCEG who were found to have defrauded the company have succeeded in clawing back a portion of their costs of a partially successful appeal which reduced the amount owing to their former employee by around $12.5 million.

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Hotel quarantine class action survives second shutdown bid by Victorian government
Adam Hochroth 2023-05-02 10:40 am By Sam Matthews Melbourne

The state of Victoria has lost its appeal bid to stay a class action brought over the 2020 hotel quarantine debacle in light of a pending criminal action against the Department of Health.

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High Court asked to weigh in on Toyota class action over defective diesel filters
Anais d'Arville 2023-04-28 4:48 pm By Christine Caulfield

Damages for reduction in value under the Australian Consumer Law are at the centre of competing special leave applications to the High Court filed by Toyota and the lead applicant in a class action over defective diesel filters.

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Allianz to appeal ruling over indemnity for historic sex abuse claims
Allianz 2023-04-27 10:06 pm By Cindy Cameronne Sydney

Allianz has flagged it will appeal a ruling that found it must indemnify the Uniting Church for historic claims of sexual abuse that allegedly occurred up to four decades ago at the exclusive Sydney boys’ private school Knox Grammar.

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IP Australia shreds cheese makers’ opposition to ‘parmesan’ trade mark
Appeals 2023-04-27 10:00 pm By Cat Fredenburgh

A consortium of parmigiano reggiano producers has lost its opposition to registration of a parmesan trade mark in Australia by an international group dedicated to protecting common names from being monopolised.

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Lawyer who filed defence in losing case wins appeal of personal costs order
Appeals 2023-04-27 3:13 pm By Christine Caulfield

A lawyer’s role in litigation is not to draw conclusions on the existence of facts or the outcome of a case, an appeals court has ruled in throwing out a personal costs order against a solicitor for filing a defence in a case his client ultimately lost.

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‘You could get a law degree in the time spent on this case’: Barrister’s fee overrun in spotlight
Appeals 2023-04-24 11:20 pm By Christine Caulfield

A barrister’s $320,000 bill for a case initially estimated to cost $60,000 in counsel fees was at the centre of an appeals court hearing Monday, and the dispute mirrors another battle between the practitioner and his instructing solicitor involving a cost blowout of a quarter of a million dollars.

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