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Construction PRO
A lot has changed in Australia and the US since 2016, when Turnbull and Obama were still in power, but the same can't be said for a negligence suit against HWL Ebsworth filed by a client that year, laments a wistful judge.
Mastercard has pushed back on the ACCC's argument that it waived privilege over communications with lawyers, saying it would "take the law of waiver to a place it has never been before".
Construction PRO
A judge has questioned whether he should decide a tax dispute that will impact how much damages a former HWL Ebsworth client will get in a nine year-old negligence case over a property development.
A judge has warned that an interlocutory privilege skirmish in the consumer watchdog’s misuse of market power case against Mastercard could “spiral out of control”.
The judge hearing the ACCC’s price-fixing case against Downer EDI's Spotless and Ventia has proposed an initial hearing to determine if the companies are in competition, saying he won't let the case become “totally unwieldy”.
A judge hearing the ACCC's misuse of market power case against Mastercard has said he’s “loathe” to order any further discovery, as the credit card company argues a fight over waiver of legal professional privilege could involve “potentially enormous” further discovery.
In the ACCC’s price-fixing case, infrastructure services company Ventia has joined with Spotless in arguing the companies were not in competition, and says it was the Department of Defence that arranged for the providers to talk.
Downer EDI subsidiary Spotless has rejected allegations it engaged in price-fixing with Ventia on defence contracts, saying the facilities services companies were not in competition with each other.
Mayfield Development's competition case against NSW Ports over agreements to privatise two ports has made it to the High Court, with the developer pressing its argument that derivative Crown immunity did not apply to the port authority.
An appeals court has dismissed a competition case by Mayfield Development against NSW Ports over agreements to privatise two ports, finding that derivative Crown immunity applied to the port authority.