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Construction PRO
Roy Hill loses bid for declarations on validity of mining leases
A judge has rejected Roy Hill's bid for a declaration that two of its mining leases could not be impeached as long as they are the subject of a registered mortgage, saying it would preclude any challenges.
Mastercard says privilege shouldn’t be lost after junior lawyer’s ‘genuine mistake’
Mastercard says legal professional privilege remained over a document after a junior lawyer "inadvertently" sent it to the ACCC in 2020 while the credit card giant was trying to dissuade the regulator from continuing an investigation into alleged anti-competitive conduct.
ANZ trader seeks to delay start of trial after discovery dump
A former ANZ trader that sued the bank five years ago for allegedly sacking him for complaining about the bank's attempted manipulation of the bank bill swap rate wants the trial date pushed out after receiving thousands of documents from the bank.
Ashurst’s failure to register client’s $51M interest over Infinity pharmacies an ‘oversight’: court
A junior Ashurst lawyer's failure to register a drug wholesaler's $51 million security interest over a group of Infinity pharmacies was inadvertent, a judge has found in granting a bid to extend the deadline for registration.
Murray Darling authority slams class action’s ‘incoherent’ duty of care claim
The public body in charge of managing the Murray Darling’s water resources has slammed as "incoherent" a class action's claims that it owes a duty of care to protect farmers and irrigators against economic loss.
ASIC holds no ‘special position’ when it comes to indemnity costs for doomed cases: judge
The corporate regulator should not be immune from the risk of special costs for actions doomed to fail, says a judge who flayed ASIC last month for bringing a case against TerraCom directors it should have known was a dud.
Former Labor MP, now workplace umpire not DQ’d from ‘same pay’ cases: court
A judge has dismissed a bid by a group of labour hire companies to disqualify former Labor MP now Fair Work Commission deputy president Terri Butler from same job, same pay cases for apprehended bias.
eToro can rely on late evidence in novel ASIC case over CFDs
Online investment platform eToro has won its bid to rely on late expert evidence in ASIC's first-ever action alleging breach of obligations in designing and selling financial products over high-risk contracts for difference.
Class action firms ‘doing well’ inherent part of contingency fee law, court told
Maurice Blackburn is seeking a 33 per cent cut of any settlement in a class action against Sportsbet, arguing that law firms "doing well" for themselves by running class actions is an inherent feature of the contingency fee scheme.
PepsiCo wins High Court fight with ATO over royalty withholding tax
In a major loss for the Australian Taxation Office, a High Court majority has found an agreement between US soft drink giant PepsiCo and Schweppes Australia to sell brands such as Pepsi and Mountain Dew in Australia was not subject to a royalty withholding tax.