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Readymix could be pulled into $300M case over ‘defective’ Lane Cove development
Construction 2022-07-07 4:19 pm By Sam Matthews

A judge has indicated that he may allow concrete supplier Readymix to be drawn into a five-year-old dispute over alleged defects in the construction of Sydney’s billion-dollar Lane Cove tunnel.

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Zurich rails against ‘exorbitant exercise’ of power in NZ apartment class action
Class Actions 2022-07-06 7:31 pm By Sam Matthews

Irish insurer Zurich Insurance has appealed a judge’s finding that a class action filed against it in the NSW Supreme Court over a defective New Zealand apartment block could go ahead, arguing the finding was the result of federal overreach.

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BSA can ringfence $13M capital raising from $20M class action payout
Employment 2022-07-05 6:14 pm By Sam Matthews

Telco contractor BSA has won a bid to ringfence a $13 million capital raising from a $20 million settlement reached with group members in a Shine Lawyers-led class action accusing the company of misclassifying its workforce of technicians as independent contractors.

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Tegan George forced to regroup with sex discrimination claims against Ten
Employment 2022-07-05 4:15 pm By Sam Matthews

A judge has told journalist Tegan George to rework her sex discrimination claims against Network Ten, following an interlocutory stoush over her claims that the network’s Canberra bureau, led by high profile political reporter Peter van Onselen and executive editor Anthony Murdoch “was a workplace that was hostile to women.”

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DLA Piper brought on to lead case over alleged theft of mining invention
Intellectual Property 2022-07-05 6:23 pm By Sam Matthews

Western Australian energy company UON has won a bid to file amended claims in two Federal Court proceedings over a mining invention it says was stolen by a rival, after DLA Piper took over the cases from local firm Bennett + Co.

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Law firms must come clean when drafting expert reports
Legal Ethics 2022-07-04 10:33 pm By Sam Matthews

A judge’s recent ruling throwing out an expert report in a trade secrets case because the law firm briefing the expert had failed to disclose its involvement in preparing the evidence is a stark reminder to solicitors their paramount duty is to the court, not to their client.

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Photo of signed contract suffices, judge finds in $7M win for Japan’s Mitsui
Contracts 2022-07-04 2:09 pm By Sam Matthews

A judge has found that a partly obscured photo showing a signature was enough to render a contract enforceable, in a multi-million dollar contract fight between Mitsui & Co and a Victorian steel mill operator.

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After ‘very unfortunate’ loss, Carwoola bushfire class action dodges indemnity costs
Class Actions 2022-07-01 11:03 pm By Sam Matthews

The lead applicant in an unsuccessful class action over the Carwoola bushfire has avoided indemnity costs sought by insurer CGU and has won a 40 per cent reduction in the amount of legal costs it will have to cover for the defendant.

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‘I want complete transparency’: Forum Finance director faces grilling for legal funds
Restructuring & Insolvency 2022-07-01 1:28 pm By Sam Matthews

A judge has told Forum Finance director Vince Tesoriero to “revisit” evidence about his true financial position if he wants to win the release of $1.25 million to pay for his defence in Westpac’s fraud case against him, amid concerns about whether he has made full disclosure to the court.

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Liquidator reprimanded by ASIC for breaching rules on independence
Restructuring & Insolvency 2022-07-01 10:45 pm By Sam Matthews

The corporate regulator has reprimanded a liquidator for “serious” breaches of independence rules, and has directed the insolvency practitioner to refuse appointments until next year.

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