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Construction PRO
Queensland developer loses appeal over sales agent commissions
The developer of a North Ipswich residential estate has lost its appeal against orders that it pay over $250,000 in commissions to a real estate project marketing company hired to facilitate the sale of lots.
Insurer must indemnify Rio Tinto mine operator for labour hire worker’s injury
A GIO insurance policy held by labour hire company Workpac extended to indemnify a Rio Tinto mine operator for damages resulting from an injury to a worker, an appeals court has found.
Construction PRO
Civil construction firm Shamrock loses second attempt to toss $30M Cleanaway claim
An appeals court has binned construction firm Shamrock's second bid to toss waste management firm Cleanaway’s $31 million claim for costs associated with cleanup of an Ipswich dump following a flood.
Construction PRO
State revenue office loses row with Montessori Foundation over property taxes
The Queensland Commissioner of State Revenue has lost an appeal against the Montessori Children’s Foundation after it refused the organisation's bid to be registered as a charity to avoid property taxes.
Construction PRO
Developer can’t claim setoff in spat with Tomkins over $55M Sunshine Coast apartments
An appeal against a ruling that the developer of a $55M Sunshine Coast residential complex could not set off a liquidated damages claim against builder Tomkins' pre-completion payment claim has been thrown out.
Judge ‘did not engage’ with necessary issues in Brisbane council worker’s negligence case
An appeals court has found that a judge was not justified in dismissing a negligence case by a call centre worker who left her job over abusive phone calls, saying the judge failed to engage with the issues needed to decide the dispute.
Jailed advisor Roger Munro loses appeal after failed bid to withdraw plea
The Queensland Court of Appeal has knocked back a challenge by jailed investment guru Dr Roger Munro to his conviction on three counts of fraud, which landed him a four-and-a-half month prison sentence.
Lawyer’s notes of meeting with expert ordinarily privileged, appeals court finds
A solicitor’s notes of a meeting with an expert do not fall under an exception to legal professional privilege, an appeals court has found.
Subpoenas need only seek relevant, not case-advancing, info: appeals court
A self-represented litigant locked in a legal battle with the ATO and Commonwealth Director of Public Prosecutions has won an appeal of a decision that set aside nine subpoenas she issued, including one to the Assistant Director of the CDPP, with the appeals court finding that the relevance of the evidence sought was enough to satisfy the application.
‘Too simplistic’: Judges’ support for disclaimer challenged in class action’s High Court appeal
The farmers leading a class action against Advanta Seeds over contaminated product have brought their case to the High Court, challenging an appeals court's holding that a disclaimer nullified the company's duty to protect growers against economic loss.