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More than 18 months after a split emerged among the courts, the Full Federal Court will weigh in on whether judges have power to shut out unregistered group members from a class action. But given the breadth of the question for the appeals court, the issue is unlikely to be resolved there.
A judge has ruled he will not consider a separate question on whether Acciona is barred from setting off any damages payable to Lendlease in a lawsuit over the $160 million sale of its engineering business.
The Full Court is set to examine whether the Federal Court has the power to make class closure orders prior to mediation, weighing on one of the biggest unanswered questions vexing the class action regime.
The structural engineer behind Sydney's ill-fated Opal Tower can examine whether builder Icon Co has been indemnified for $31 million worth of damage which occurred in the 36-storey apartment block on Christmas Eve of 2018, a court has found.
The CFMMEU and two of its officers have been hit with a $554,600 penalty for allegedly using the union's “covert industrial muscle” to pressure a New South Wales crane company to bend to its bargaining demands.
Law firm HWL Ebsworth has dodged a $424,000 damages claim by a Brisbane property developer, despite a judge finding the law firm was negligent in failing to properly follow its client's instructions on a contract of sale for large block of units.
Spanish infrastructure company Acciona has filed a lawsuit to get out of an engineering and construction contract for the $696 million Kwinana waste-to-energy plant in Western Australia, citing disruptions from the COVID-19 pandemic.
A court has summarily dismissed a lawsuit accusing the Victorian government of acting unlawfully by improving the Western Highway and threatening to harm six 'directions' trees of cultural significance to the Djab Wurrung people.
Clyde & Co made an “inextricable” oversight in preparing an unpaid works claim, causing a Sydney-based sandstone excavator to lose millions of dollars, according to a cross claim in a case brought by the law firm for unpaid fees.
Corporate advisory firm Bridge Street Capital has been hit with costs for funding the defence to a winding up application for a Sydney property developer which a judge found was “woefully” insolvent.