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High Court clarifies test for implied terms, says CoreLogic did not infringe photographer’s copyright
Anthony Messina 2022-12-14 5:56 pm By Sam Matthews

The High Court has found that property data analytics firm CoreLogic did not infringe a real estate photographer’s copyright by uploading images from realestate.com.au to its platform, overturning a decision of the Full Federal Court.

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‘No duty to be decent and fair’: Allianz wins High Court appeal over cyclone damage claim
Allianz 2022-12-14 4:59 pm By Cindy Cameronne

Insurer Allianz has won its challenge to a decision forcing it to indemnify a north Queensland body corporate for cyclone damage despite non-disclosure of serious building defects, with the High Court finding insurers have no general duty to be “decent and fair”.

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High Court won’t hear appeal of security for costs order in Westconnex class action
Appeals 2022-12-08 5:38 pm By Cindy Cameronne

The High Court has refused to hear an appeal of a decision forcing an unnamed litigation funder to provide $415,000 in security for the NSW government’s defence costs in a class action over the alleged fraudulent acquisition of land for construction of the $16 billion WestConnex tunnel.

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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Angus Lang 2022-12-08 4:30 pm By Cindy Cameronne

A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.

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High Court rejects Western Power appeal in bushfire class action
Allianz 2022-12-07 4:57 pm By Sam Matthews

The High Court has unanimously dismissed Western Power’s challenge to a judgment which found the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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KPMG’s push to move Arrium class action to NSW goes south
Accounting 2022-11-18 11:43 pm By Christine Caulfield

The High Court has dismissed an application by accounting giant KPMG to transfer a class action over the collapse of mining company Arrium from Victoria to NSW.

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Insurer on hook for breast implant class action costs after High Court snub
Appeals 2022-11-18 11:18 pm By Cat Fredenburgh

Avant Insurance has lost its bid to challenge a ruling which put it on the hook for indemnifying a plastic surgeon in class action proceedings over allegedly botched breast augmentations at a defunct NSW clinic.

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High Court rejects Nine’s constitutional challenge to racial discrimination law
Class Actions 2022-11-18 10:45 pm By Christine Caulfield

Nine has failed to persuade the High Court to take up a special case that would argue the Racial Discrimination Act infringes the broadcaster’s implied right of political speech, in a blow to its defence against a class action over its coverage of litigation related to the Palm Island riots.

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Qantas wins bid to take axed ground crew case to High Court
Aviation 2022-11-18 3:18 pm By Christine Caulfield

Qantas has won its application to the High Court to appeal a Full Federal Court finding that it breached the Fair Work Act when it outsourced the work of its ground crew during the height of the COVID-19 pandemic.

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High Court to weigh in on penalties for foreign bribery violations
Appeals 2022-11-17 11:49 pm By Cat Fredenburgh

The High Court has agreed to hear prosecutors’ appeal of a “manifestly inadequate” $1.35 million penalty against an engineering firm for bribing foreign officials in Vietnam to secure $10 million in infrastructure contracts.

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