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How the courts are split on serious harm threshold in defamation law
Courts continue to disagree on the meaning of 'serious harm' in defamation law, a threshold test introduced in 2021 that has raised the bar for plaintiffs claiming a publication has damaged their reputations.
Construction PRO
Hynash loses set-off argument in challenge to subcontractor’s pay claim
Civil construction company Hynash has lost an appeal bid after a judgment put it on the hook for the full sum of a payment claim lodged by a subcontractor following the termination of a contract linked to a Bathurst, NSW project.
Obeids, Macdonald ask High Court to toss convictions for bid-rigging
Jailed former Labor politicians Ian Macdonald and Eddie Obeid, and his son Moses Obeid, have asked the High Court to toss their convictions for conspiracy to rig a mining exploration tender.
Law firm wins reversal of $16M judgment in client’s breach of duty case
An appeals court has overturned a $16 million judgment against a law firm, finding it did not breach its duties when acting for a lender that provided financing to a client.
EnerMech wins appeal in $10M feud with Acciona over Westconnex tunnel construction
Subcontractor EnerMech has won an appeal in its fight against Acciona over a $10 million progress payment for work on the Westconnex M4-M5 link, with an appeals court finding the question of whether EnerMech's claim was a payment claim for construction work was a matter for an adjudicator, not the court.
Lawyer struck from roll after using funds from deceased estates
A Wollongong wills and estates solicitor has been struck from the roll, with the NSW Supreme Court finding it was warranted given the seriousness and extent of the offending, as well as the solicitor's initial reticence to cooperate with the investigation.
Surgeons lose appeal in breast implants class action
A group of surgeons who worked for The Cosmetic Institute have lost a second bid to declass a representative proceeding on behalf of 13,500 patients who claim they were injured by botched breast augmentation surgery.
Obeids, Ian Macdonald lose appeal of conviction for bid-rigging conspiracy
Former Labor members Ian Macdonald, Eddie Obeid and his son Moses will remain in prison after losing a challenge to convictions for conspiracy to rig a tender process and secure a coal mining exploration licence for the Obeids' land in the Bylong Valley.
Pitcher Partners loses second bid to toss $127M Twigg family lawsuit
Pitcher Partners has lost its appeal of a decision that refused to stay a lawsuit over the accounting firm’s alleged involvement in race car driver Max Twigg’s misappropriation of $127 million from his family.