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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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COVID-19 hotel quarantine class action fights state’s bid for stay
Adam Hochroth 2022-12-12 9:07 pm By Cindy Cameronne

A class action on behalf of businesses claiming harm from the 2020 hotel quarantine debacle has fought back against the state of Victoria’s bid to push the case off until a criminal action against the state’s Department of Health has been heard.

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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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‘Spectre’ of business interruption class actions laid to rest with test cases, insurers argue
Chief Justice James Allsop 2022-12-06 10:26 pm By Cindy Cameronne

Insurers will file de-classing applications in four class actions on behalf of small businesses seeking coverage under business interruption policies for losses flowing from COVID-19 restrictions after their test cases largely failed. 

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Judge laments ‘extremely slow’ COVID-19 hotel quarantine class action
Adam Hochroth 2022-12-01 9:35 pm By Cindy Cameronne

A judge has pulled up legal teams in a class action against the state of Victoria on behalf of businesses that allegedly suffered loss from the 2020 hotel quarantine debacle, saying progress in the case has been “extremely slow”.

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AAT president resigns amid controversy over appointments
Courts 2022-12-01 5:48 pm By Sam Matthews

The president of the Administrative Appeals Tribunal has resigned only eight months after her appointment to the top job by the former federal government.

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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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