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Court rejects enviro group’s challenge to Mt Pleasant coal mine extension
Environment 2024-08-20 12:32 am By Cindy Cameronne

A environmental group has lost its challenge to the extension of the Mount Pleasant open cut coal mine in NSW operated by MACH Energy, with a judge finding the planning commission considered greenhouse emissions and did not merely pay ā€œlip serviceā€ to the issue.

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Strip search class action attacks NSW’s ā€˜reasonable exercise of powerā€™ defence
Class Actions 2024-08-19 3:24 pm By Cindy Cameronne

The lead plaintiff in a class action alleging NSW Police conducted illegal strip searches at music festivals has argued the state cannot rely on a defence that the searches were a reasonable exercise of power, after a recent judgment found the defence does not apply to unlawful arrests.

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HWL Ebsworth client rejected $1.35M offer to settle negligence case
Professional Negligence 2024-08-19 11:43 pm By Cindy Cameronne

HWL Ebsworth has won indemnity costs against a former client who alleged the firm gave negligent advice over property in Parramattaā€™s ‘Auto Alley’, with a court saying the client was the ā€œauthor of the outcome about which it complainsā€ by rejecting a $1.35 million settlement offer.

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ACT government wants out of public housing class action
Class Actions 2024-08-19 12:56 pm By Cindy Cameronne

A class action on behalf of public housing tenants who were allegedly forced to relocate is facing a bid for summary judgment by the ACT government, which claims it is not the correct respondent.

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iProsperity liquidators can prioritise $62.5M claims against Crown, Star: Full Court
Restructuring & Insolvency 2024-08-19 11:59 pm By Cindy Cameronne

The former general manager of iProsperity has lost his challenge to the collapsed fund manager’s liquidators getting more time to investigate $18 million in payments he received, with the Full Court finding they were not wrong to prioritise investigations into $62.5 million in payments to Crown and The Star.

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Class action against Fogo Brasilia, law firm faces fight over security after funder pulls out
Class Actions 2024-08-16 1:29 pm By Cindy Cameronne

A class action against restaurant chain Fogo Brasilia and its law firm alleging franchisees were misled about the profitability of their businesses could be shut down, with the lead plaintiff unable to pay security for costs after the funder pulled out, a court has heard.

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Isuzu taken to court in latest emissions cheating class action
Class Actions 2024-08-15 11:29 pm By Cindy Cameronne

Isuzu is the latest car maker to be stung with a class action for allegedly using defeat devices to cheat on emissions tests, and many more car makers may find themselves in the crosshairs over the “common practice”.

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Trader alleges bullying, death threats in unfair dismissal case against CMC Markets
Employment 2024-08-15 2:39 pm By Cindy Cameronne

A Sydney trader has brought an unfair dismissal case against CMC Markets, alleging his manager threatened his job and life after he complained about a shortfall in bonuses totalling more than $500,000.

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Fanatics wins timeout amid appeal of loss to AFL merchandise maker
Appeals 2024-08-15 11:55 pm By Cindy Cameronne

A judge has granted a limited stay of an injunction against US sports merchandise Fanatics after AFL merchandise maker FanFirm won its case alleging the US company knew about its ā€˜Fanaticsā€™ trade marks.

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Insurer BCC loses bid to bring ā€˜moral hazardā€™ claim in $6B Greensill cases
Insurance 2024-08-14 3:48 pm By Cindy Cameronne

Bond & Credit Company has lost its bid to bring a new claim in defence to $6 billion proceedings over the collapse of Greensill that alleged the financial services company failed to disclose its “moral hazard” behaviour of being dishonest with insurers.

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