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Judges don’t have to give ‘running commentary’ on oral submissions, court says
Courts 2024-08-15 11:02 pm By Sam Matthews

An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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GM can’t ‘walk away’ from language of settlement with class action plaintiff: appeals court
Class Actions 2024-08-15 11:03 pm By Sam Matthews

General Motors has failed to overturn a decision that put it on the hook for the applicant’s full costs in a partial settlement in a class action on behalf of Holden dealers, with an appeals court finding GM could not “walk away” from the ordinary meaning of the phrase ‘the plaintiff’s costs of the proceedings’.

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‘A matchless honour’: NSW Supreme Court judge Richard Button takes his bows
Business of Law 2024-08-15 12:55 pm By Sam Matthews

Retiring judge Richard Button has been farewelled by the NSW Supreme Court, praised for his distinguished career and “great sense of humour”.

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ASIC suit alleges ASX made misleading statements about CHESS replacement
ASIC 2024-08-14 10:49 am By Sam Matthews

The corporate regulator has taken market operator ASX to court for allegedly making misleading statements about the replacement project for its CHESS share register, including that the project was on track to go live in April 2023. 

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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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