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Insurers score win in court battle over $695M Pacific Highway project
Insurance 2023-03-28 3:45 pm By Sam Matthews

The Full Court has found that a policy exclusion applies in a dispute between Acciona Infrastructure and Ferrovial Construction and three insurers over coverage for loss and damage caused by heavy rainfall during the construction of the $695 million Pacific Highway in northern New South Wales.

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Judge rejects bid for second opt out notice in Merivale class action
Class Actions 2023-03-27 3:27 pm By Sam Matthews

A judge overseeing a $129 million underpayments class action against hospitality giant Merivale has rejected a bid for a second round of opt out notices, finding that even if the first round went straight to employees’ junk or spam folders, it did not follow that they had not been read.

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Lawyer loses battle for fees from murder suspect’s government payout
Appeals 2023-03-27 10:27 pm By Sam Matthews

A lawyer who represented murder suspect Henry Keogh has failed to secure payment of his professional fees out of an ex-gratia payment to Keogh from the South Australian government, after an appeals court found the contingency under his retainer never arose.

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Court to hear bid to join insurers to class action against Blue Sky, EY
Class Actions 2023-03-24 10:27 pm By Sam Matthews

The insurers of Blue Sky Alternative Investments are fighting a bid to be joined to a consolidated investor class action against the company and its auditor, EY.

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ABC to rethink truth defence in defamation case by ex-commando Heston Russell
Defamation 2023-03-24 10:05 pm By Sam Matthews

A judge has sent the ABC away to rethink its truth defence to claims in a case brought by former Army major Heston Russell that alleges two articles in 2021 defamed him by suggesting among other things that he was involved in murdering an Afghan prisoner.

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Bayer ‘deeply suspicious’ of pre-trial discovery bid in fight over Xarelto patents
Intellectual Property 2023-03-23 2:09 pm By Sam Matthews

German pharmaceutical giant Bayer has slammed generic drug make Sandoz’s late bid for documents, which it called an attempt to “divert and distract” Bayer on the eve of a three-week trial over the patents for its top-selling blood clot drug Xarelto.

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Judge slams ‘fishing expedition’ for AFP report in Lehrmann defamation case
Defamation 2023-03-23 1:46 pm By Sam Matthews

A judge has rejected a bid by The Project presenter Lisa Wilkinson to discover a 39,000-page AFP report outlining the contents of accused rapist Bruce Lehrmann’s phone, calling it “a classic fishing expedition.”

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Mining equipment supplier Qteq denies ACCC’s cartel claims
Competition & Consumer Protection 2023-03-23 9:22 pm By Sam Matthews

Mining equipment company Qteq and its executive chairman Simon Ashton have denied allegations of bid rigging and other cartel conduct levelled by the Australian Competition and Consumer Commission.

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Barrister who repped Mawhinney can act against him, but not in settlement talks
Restructuring & Insolvency 2023-03-22 8:59 pm By Sam Matthews

A senior barrister who represented Mayfair 101 founder James Mawhinney in mediation of two cases last year has been allowed to appear against him at a hearing in another dispute against a lender and two McGrathNicol receivers, but the silk won’t participate in settlement talks.

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Claims of barrister’s ex-wife based on employment, not marital, relationship: court
Employment 2023-03-22 8:40 pm By Sam Matthews

A wife employed by her barrister husband can seek compensation for unpaid wages because the claim is based on their employment relationship not their marital relationship, a court has held.

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