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Construction PRO
Builder’s pursuit of second SOPA adjudication an abuse of process: appeals court
An adjudicator’s finding that it had no jurisdiction to rule on a payment claim in a dispute over a Sydney development was a binding determination under SOPA, an appeals court has said in upholding a decision that a builder’s pursuit of a second, favourable adjudication was an abuse of process.
‘Not appropriate’ to donate leftover funds in PFAS class actions to charity, says judge
A judge has ordered the administrator for two class actions over PFAS contamination that settled for $153 million to pay the leftover funds to group members rather than to charities, saying it was not appropriate “to go around making donations”. 
Medibank to face joint trial in class action, OAIC case over data breach
A judge has said there should be a joint initial trial in a class action and the privacy regulator’s case against Medibank over a 2022 cyber attack that exposed the data of almost 10 million customers.
J&J denies class action’s claims that it sold ineffective cold meds
Pharmaceutical giant Johnson & Johnson has denied knowingly selling alleged ineffective medications under its Benadryl, Sudafed and Codral brands, saying research indicated the phenylephrine-containing products worked. 
Construction PRO
Aqualand luxury tower loses challenge to $10.6M asset freeze
A luxury Aqualand development in Milsons Point can't undo a $10.6 million freezing order granted to the owners corporation to address the risk that funds would be unavailable to meet its claim for damages to remedy alleged defects. 
Medibank’s bid to keep Deloitte reports from class action sent to Full Court
A judge has sent to the Full Federal Court Medibank’s fight to shield Deloitte reports into a data breach, raising concerns about how evidence from a solicitor and the health insurer's inhouse lawyer was previously treated. 
Construction PRO
$7M suit over asbestos-tainted mulch in Sydney parks on ice pending criminal pleas
A NSW Supreme Court judge has stayed civil proceedings relating to asbestos-contaminated mulch found in parks across Sydney amid ongoing criminal proceedings.
Construction PRO
Lenders for Bondi Junction property lose bid for break fee, KWM’s fees
Lender WholeCap has lost its bid for a “break fee” and $430,000 in legal costs billed by King & Wood Mallesons associated with a term sheet for a proposed $66.1 million loan to a Harbour Land entity.
Medibank can’t shield Deloitte reports from data breach class action
Medibank has been ordered to give a class action copies of reports by Deloitte into a massive data breach in October 2022, in a judgment made public on Friday and already facing appeal by the health insurer.