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Split High Court says proportionate liability claims apply in arbitration
Construction 2024-08-09 11:31 pm By Christine Caulfield

The High Court has issued a ruling that significantly alters the playing field in domestic commercial arbitration, finding that proportionate liability defences can apply despite limitations on claimants joining third parties to disputes.

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Class closure split to be resolved by High Court
Class Actions 2024-08-08 11:38 pm By Christine Caulfield

The High Court has agreed to step in to resolve division among Australia’s courts on the question of power to make orders that exclude unregistered group members from class action settlements.

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High Court to hear competition cop’s appeal in CFMEU boycott case
Competition & Consumer Protection 2024-08-08 11:51 pm By Christine Caulfield

The High Court has taken up the ACCC’s boycott case against builder J Hutchinson and the controversial construction union, an appeal that gives the court the chance to clarify the standard for proving an anti-competitive arrangement.

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New senior barristers in Victoria have high-stakes commercial, criminal chops
Business of Law 2024-08-08 11:16 pm By Christine Caulfield

The Victorian Bar has welcomed 25 new senior counsel to the ranks this year, a group of barristers with broad ranging experience in IP, tax, class actions, employment and criminal law.

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Element Zero’s timeline for green iron prototype suspect, Fortescue engineer tells court
Intellectual Property 2024-08-07 11:25 pm By Christine Caulfield

It would only have been possible for start-up Element Zero to deliver an operational green iron prototype in two years with its assumed funding with the help of a “substantial amount of information” on how the project should progress, metals giant Fortescue claims.

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High Court says duty of care for economic loss can arise only if company assumes responsibility
Class Actions 2024-08-07 11:24 pm By Christine Caulfield

A class action has lost its appeal to the High Court in a case alleging Advanta Seeds owed damages to farmers for the economic loss resulting from its negligence in producing contaminated grain sorghum seed, with the justices clarifying that a duty of care may be established only if responsibility is assumed.

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Fletcher Building unit faces class action over leaky pipes in Perth homes
Construction 2024-08-06 11:08 pm By Christine Caulfield

A unit of construction company Fletcher Building has been hit with a class action over its Pro-Fit pipes, which have been blamed by Western Australian builder BGC for plumbing failures in thousands of Perth homes.

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High Court to rule on force of disclaimer to shield manufacturers from economic loss claims
Class Actions 2024-08-05 11:59 pm By Christine Caulfield

The High Court is scheduled to hand down a judgment in a class action on Wednesday on the power of a product disclaimer to protect manufacturers from claims they owe a duty of care to protect purchasers from pure economic loss.

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Axed lawyer says Super Retail harmed her reputation as a senior solicitor
Employment 2024-08-02 11:33 pm By Christine Caulfield

Super Retail Group’s former chief legal officer Rebecca Farrell says the company damaged her professional standing as a senior solicitor and exposed her to the risk of regulatory investigation and enforcement action.

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Top silk tapped as CFMEU administrator as FWC calls for sweeping powers
Employment 2024-08-02 11:36 pm By Christine Caulfield

The workplace umpire has picked senior barrister Mark Irving KC to serve as independent administrator over the construction division of the CFMEU and has asked the Federal Court to give the silk broad powers.

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