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Volkswagen loses appeal of landmark $125M fine in ‘turning point’ for ACCC
ACCC 2021-04-09 8:55 pm By Cindy Cameronne Sydney

Volkswagen has lost its challenge to a landmark $125 million Dieselgate penalty handed down by a judge who lambasted a $75 million fine proposed by the ACCC as “manifestly inadequate”, in what ACCC chair Rod Sims told Lawyerly was a “turning point” for the regulator to push for higher fines.

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Johnson & Johnson asks High Court to review landmark pelvic mesh ruling
Andrew Naylor 2021-04-09 2:29 pm By Cat Fredenburgh Melbourne

A Johnson & Johnson unit wants the High Court to review the Full Federal Court’s rejection of its challenge to a landmark class action ruling that found the company’s pelvic mesh implants were defective and that it failed to adequately warn about their risks.

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Findex’s High Court challenge in case against former financial advisor falls flat
Accounting 2021-04-08 4:02 pm By Christine Caulfield Melbourne

Accounting firm Findex Australia has lost a bid for the High Court to hear its case over a restraint provision against a former financial advisor found to have been unenforcable.

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High Court tosses bid to stop lawsuit by CFMMEU ‘front man’
Appeals 2021-04-07 4:50 pm By Miklos Bolza Sydney

The High Court has tossed an appeal by the Victorian International Container Terminal which sought summary dismissal of a legal challenge to an enterprise agreement entered into with the blessing of the Maritime Union of Australia in 2016.

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Fairfax settles defamation suit by vindicated ex-Leighton CFO Peter Gregg
Appeals 2021-04-07 4:29 pm By Cat Fredenburgh Melbourne

Fairfax has settled long-running defamation proceedings brought by former Leighton Holdings CFO Peter Gregg over 11 articles that accused him of corruption, after he won an appeal last year overturning his conviction on related criminal charges.

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Builder not on the hook for $12M in damages for Lacrosse building fire, appeals court says
Appeals 2021-03-29 3:58 pm By Cindy Cameronne Sydney

An appeals court has found that building company LU Simon should not pay $12 million in damages for a 2014 fire which broke out in Melbourne’s Lacrosse tower and was accelerated by Alucobest cladding panels since the company had relied on consultants’ advice in choosing the cladding material.

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Law firm appeals $1.4M judgment over negligent advice
Appeals 2021-03-29 11:56 am By Cat Fredenburgh Melbourne

A Sydney-based law firm is challenging a ruling that ordered it to pay $1.4 million in damages for failing to properly advise a client of his rights under a partnership agreement after he suffered several strokes.  

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ATO loses appeal in JobKeeper case over sole trader’s lasped ABN
Appeals 2021-03-26 10:45 pm By Christine Caulfield Melbourne

The Australian Taxation Office has come up short in its challenge to a decision that a sole trader was eligible for Jobkeeper despite a cancelled ABN, with the Full Federal Court saying the small businessman was entitled to the government COVID-19 handout.

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‘Missed the mark’: Qantas loses urgent appeal in spat with Virgin-bound exec
Appeals 2021-03-26 6:41 pm By Cindy Cameronne Sydney

An appeals court has upheld a ruling that Qantas’ dispute with former executive Nick Rohrlach over his defection to competitor Virgin Australia should be heard in Singapore because it falls under an exclusive jurisdiction clause in his employment agreement.  

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Qantas files ‘urgent’ appeal in dispute with defecting executive
Appeals 2021-03-25 12:11 pm By Cindy Cameronne Sydney

Qantas has appealed a decision that found its dispute with former executive Nick Rohrlach over his defection to competitor Virgin Australia should be heard in Singapore, saying the exclusive jurisdiction clause in his contract did not “bite”.

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