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Builder can’t revive abandoned claims against AGL
Energy & Natural Resources 2024-05-14 11:08 pm By Sam Matthews

Collapsed construction and maintenance company General Trade Industries has lost its bid to revive abandoned claims against AGL in a nearly four-year old contract case over work on two Queensland gas plants, with a judge finding the company has had “more than a sufficient opportunity to plead its case”.

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Fee cuts make costs assessor unnecessary in Cosmetic Institute class action, court told
Class Actions 2024-05-13 11:44 pm By Sam Matthews

The plaintiffs in a class action against a group of surgeons who worked for The Cosmetic Institute have told a court that a costs assessment is not necessary to approve a $25 million settlement, which will see $10 million deducted for legal and administrative costs, in light of reductions to the fees. 

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ATO’s ‘all or nothing’ approach to key tax law provision rejected by court
Tax 2024-05-06 11:59 am By Sam Matthews

The ATO has lost its appeal of a tribunal decision in favour of Perth land developer Tina Bazzo, with the court rejecting its “all or nothing” approach to a key provision of the Taxation Administration Act.

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Public housing class action tossed, but judge gives applicant another shot
Class Actions 2024-05-03 4:18 pm By Sam Matthews

A judge has granted the Victorian government’s bid to dismiss a class action over its decision to retire Melbourne’s high-rise public housing towers, but allowed the applicant to recast his claim, despite protests from the state. 

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Judge questions ‘independent skill and judgment’ in third class action against IC Markets
Class Actions 2024-05-03 3:54 pm By Sam Matthews

A judge has questioned the “independent skill and judgment” applied to the pleading in a third class action filed against International Capital Markets over risky derivative products, amid a “hot contest as to carriage and forum”.

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Full Court awards $24.5M commission to 7-Eleven class action funder
Appeals 2024-05-02 3:33 pm By Sam Matthews

The Full Federal Court has found the court’s recently-affirmed power to make common fund orders at settlement means the litigation funder that backed two class actions against 7-Eleven is entitled to a $24.5 million cut from a $98 million settlement, in a decision that slammed the parties for a settlement approval process that “went off the rails”, costing group members $2.5 million.

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With constitutional issue on cards, Full High Court to hear KPMG’s class action transfer push
Class Actions 2024-05-02 11:41 pm By Sam Matthews

The Full High Court will sit for the hearing of KPMG’s battle to transfer a Victoria class action to Sydney, as the applicant in the case raises a question as to the constitutional validity of the firm’s argument that the NSW Supreme Court is bound to keep a group costs order operative. 

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PwC says it’s not liable for employee’s alleged sexual harassment at Sydney bars
Employment 2024-05-02 2:53 pm By Sam Matthews

PricewaterhouseCoopers has struck back at claims in a Fair Work suit brought by a graduate associate, denying liability for the alleged sexual harassment by the woman’s manager at multiple Sydney bars.

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Lawyer’s miscalculation justifies extension in Santos engineer’s unfair dismissal case, FWC says
Employment 2024-05-01 1:43 pm By Sam Matthews

A former engineer with Santos has won a bid for more time to bring a claim against the energy giant, with the Fair Work Commission finding “an error in arithmetic” by her lawyer was a reasonable explanation for the out-of-time filing.

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ICAC finds employees of Downer EDI, council engaged in ‘serious corrupt conduct’
Public Corruption 2024-05-01 11:20 pm By Sam Matthews

The NSW Independent Commission Against Corruption says it is seeking advice from the Director of Public Prosecution about whether prosecutions should be commenced against nine men, including several Downer EDI employees, after an investigation revealed “serious corrupt conduct” on transport projects.

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