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‘Banks aren’t perfect’: Judge tosses ASIC’s case against CBA over monthly account fees
Financial Services 2022-11-29 4:50 pm By Sam Matthews

ASIC has lost a case accusing the Commonwealth Bank of Australia of hitting customers with $55 million in unauthorised fees, with a judge finding that nearly 1 million customers charged the fees should have known that even banks “sometimes make mistakes”.

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In blow for Acciona, court won’t declare COVID-19 a force majeure event
Energy & Natural Resources 2022-11-16 4:59 pm By Cindy Cameronne

A judge has refused to declare COVID-19 a force majeure event in a loss for Spanish infrastructure giant Acciona, which seeks to back out of a construction project for a $696 million Kwinana waste-to-energy plant.

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High Court to hear Zurich appeal over NZ apartment class action
High Court 2022-11-11 5:16 pm By Sam Matthews

The High Court has granted special leave to Irish insurer Zurich to challenge a decision allowing a class action over an allegedly defective New Zealand apartment block to proceed in the NSW Supreme Court.

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Law firm can’t recover costs of work by own solicitors, court finds
Business of Law 2022-11-10 10:37 pm By Cindy Cameronne

Following the lead of its Victorian counterpart, the NSW Supreme Court has found that law firm Atanaskovic Hartnell cannot recover costs in self-represented litigation against a former client over unpaid legal invoices.

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University of Sydney unfairly axed lecturer over swastika image, court finds
Employment 2022-10-28 11:47 pm By Sam Matthews

A judge has found that the University of Sydney unlawfully terminated the employment of a political economy lecturer who was fired for conduct that included showing students a slide of a Nazi swastika superimposed on the Israeli flag.

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Court sides with Deicorp in $90M suit over sale of properties in Sydney’s Castle Hill
Real Estate 2022-10-14 4:37 pm By Sam Matthews

Property developer Deicorp has secured a win in a lawsuit brought by a Hong Kong real estate billionaire after Deicorp reneged on a $45 million property deal, with a judge finding the purchaser failed to properly nominate its special purpose vehicle under the contract for sale.

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Dick Smith execs ask High Court to toss case over final dividend
High Court 2022-09-29 10:33 pm By Cat Fredenburgh

Two former executives of defunct electronics retailer Dick Smith have asked the High Court to hear their challenge to a $11.8 million damages award for approving a dividend payment the company could not afford.

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Government to face class action over NDIS age exclusion
Class Actions 2022-09-20 3:30 pm By Cat Fredenburgh

The federal government will face a class action on behalf of disabled individuals age 65 and over who have been excluded from the National Disability Insurance Scheme.

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High Court to hear Whitsundays resort’s appeal of $430,000 damages to worker urinated on
High Court 2022-09-16 10:49 pm By Cat Fredenburgh

The High Court has taken up the appeal of a Whitsundays resort that was ordered to pay $430,738 to an employee whose roommate in staff accommodation urinated on him after a night of drinking.

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Dick Smith directors owe $11.8M in damages after receivers win appeal
Restructuring & Insolvency 2022-08-29 1:38 pm By Cindy Cameronne

An appeals court has found that two former executives of collapsed electronics retailer Dick Smith should pay the company’s receivers $11.8 million in damages for approving a dividend payment the company could not afford.

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