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Judge orders ‘soft’ class closure in flex commissions class actions
Class Actions 2023-07-21 10:53 pm By Cindy Cameronne

Westpac, Macquarie and ANZ have won soft class closure orders ahead of mediation in three class actions over flexible commissions schemes after a judge found they will improve the chances of settlement.  In a judgment handed down on Thursday, Victoria Supreme Court Justice Lisa Nichols ordered that group members have to formally register in the…

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Court throws out decision on nuclear waste facility location
Energy & Natural Resources 2023-07-21 10:25 pm By Gareth Baker

A court has set aside former Federal Minister for Resources Keith Pitt’s decision to develop a nuclear waste facility in Napandee in South Australia’s Eyre Peninsula, saying a fair-minded observer may have perceived that Pitt was biased in selecting the site over two other proposed locations. 

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Administrator can’t claw back security for costs in case by failed company
Restructuring & Insolvency 2023-07-21 1:16 pm By Sam Matthews

A judge has rejected a bid by the administrator of a collapsed company to claw back a payment of security for costs made in earlier litigation, which he found did not give rise to a relevant security interest.

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Federal Court rejects ToolGen’s genome editing patent
Intellectual Property 2023-07-20 9:49 pm By Cindy Cameronne

A judge has upheld findings from IP Australia that South Korean biotech ToolGen’s genome editing technology CRISPR is not patentable, but given the company one more chance to seek to amend its application.

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Insurer Vero dragged into class action over combustible cladding
Class Actions 2023-07-20 11:13 pm By Gareth Baker

A judge has ruled insurer Vero can be added to a class action over allegedly combustible cladding, finding removal of the cladding could be considered “property damage” under the wording of an insurance contract with cladding manufacturer Fairview.

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NSW government on hook for damages in light rail class action
Class Actions 2023-07-19 1:52 pm By Sam Matthews

A judge has found the state of NSW liable to compensate the lead plaintiffs in a class action brought on behalf of small businesses over the “substantial and unreasonable” interference caused by the construction of Sydney’s $3 billion light rail network, but he flagged “significant problems” in applying his findings to thousands of potential group members.

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Doctors class action won’t take precedence over union-backed cases
Class Actions 2023-07-19 11:41 pm By Cindy Cameronne

A union representing 54 junior doctors alleging they were systemically underpaid has defeated a bid by NSW Health to stay its case until the determination of a related class action on behalf of tens of thousands of medical officers. 

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Court not obliged to comply with policies NSW ‘dreams up’, class action judge says
Class Actions 2023-07-19 10:58 pm By Cindy Cameronne

A judge has warned the NSW government that the court does not make orders “subject to [its] internal policies” after the state failed to comply with orders to hand over documents in a class action over police strip searches.

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Ferroglobe accuses ASX company of using confidential IP after failed collaboration
Intellectual Property 2023-07-19 10:52 pm By Gareth Baker

Ferroglobe has claimed a Queensland technology company used its confidential information in new patent applications, as the global specialty metals producer races to protect its IP before the applications are published.

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HWL Ebsworth denies causing client’s loss in $3.5M spat over Dyldam development
Professional Negligence 2023-07-18 10:16 pm By Cindy Cameronne

HWL Ebsworth has admitted it gave a client negligent advice over property in Paramatta’s ‘Auto Alley’ but said the owner’s alleged $3.5 million loss was not caused by the law firm’s mis-step in a transaction with companies linked to the defunct Dyldam Developments.

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