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High Court upholds court’s power to set aside arbitration ruling in $130M spat with Chevron
High Court 2024-08-14 10:42 pm By Sam Matthews

The High Court has rejected an appeal from a joint venture that provided work on Chevron’s Gorgon liquified natural gas project that argued the Western Australia appeals court lacked power to uphold a ruling that set aside an arbitration ruling in a $130 million dispute over the project.

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Acciona must deliver bank guarantees for $511M waste-to-energy plant
Energy & Natural Resources 2024-08-14 1:57 pm By Sam Matthews

A judge has ruled that Acciona must deliver $38.6 million in bank guarantees to the entity in charge of a $511 million waste-to-energy plant in Western Australia, despite allegations of insolvency levelled by the Spanish infrastructure giant.

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AFL star can’t get game footage before expanding discrimination class action
Class Actions 2024-08-13 2:35 pm By Sam Matthews

A judge has rejected AFL great Phil Krakouer’s request for extensive game footage before putting on an amended claim in a racial vilification class action against the league, which is expected to bring five clubs into the proceeding. 

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TPG follows telco giants in scrapping exclusivity deal with Google
Competition & Consumer Protection 2024-08-13 2:03 pm By Sam Matthews

The competition watchdog has accepted an undertaking from TPG not to renew an agreement requiring it to pre-install Google on mobile devices it supplies, following similar undertakings given by Telstra and Optus last month. 

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Solicitor found guilty of misconduct for emails to Mills Oakley partner to be struck from roll
Legal Ethics 2024-08-12 10:44 pm By Sam Matthews

A tribunal has recommended that a Sydney solicitor be struck from the roll after finding him guilty of professional misconduct for sending numerous profane emails to a Mills Oakley solicitor during a dispute, noting the “unrelenting stream of discourteous, insulting or offensive correspondence” directed to the tribunal. 

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Meta can’t be left in the dark about ACCC’s crypto ads case, judge says
Competition & Consumer Protection 2024-08-12 2:59 pm By Sam Matthews

The consumer regulator must identify the advertisements it relies on to prove its case against Meta over scam cryptocurrency ads on Facebook, with a judge saying the social media giant should know the case it has to meet.

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‘Suboptimal’: Judge takes Monsanto to task for its approach in Roundup class action
Class Actions 2024-08-09 11:32 pm By Sam Matthews

Deciding an “unusually difficult” costs application, a judge has declined to award Monsanto all of its costs for defending a class action alleging its Roundup weed killer is carcinogenic, saying the agrochemical giant should have pushed harder for a split trial. 

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ATO asks High Court to reverse PepsiCo’s win on royalty withholding tax
Intellectual Property 2024-08-09 11:41 pm By Sam Matthews

The tax office has asked the High Court to overturn a decision which found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain Dew in Australia were not subject to a royalty withholding tax. 

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Telstra fights silk’s claims over email bounce-back
Competition & Consumer Protection 2024-08-09 11:49 pm By Sam Matthews

Telstra has hit back at a senior barrister’s suit alleging it flags his emails to Bigpond addresses as spam and fails to send them, saying the problem has already been fixed. 

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Judge reluctant to allow startup to cross-examine Fortescue’s IP lawyer
Intellectual Property 2024-08-08 11:24 pm By Sam Matthews

A judge appears reluctant to allow Element Zero to cross-examine an external lawyer hired by mining company Fortescue over alleged “egregious material non-disclosure” during Fortescue’s bid for “extreme and unorthodox” search orders against the green startup’s founders.

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