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Law firm would have had onus of proof in Arrium cross-claim defence, judge says
Business of Law 2021-08-19 11:56 pm By Christine Caulfield

Herbert Smith Freehills this week escaped a cross-claim that its advice made it liable for the alleged losses of Arrium’s lenders, but the judge who tossed the claim along with the banks’ cases expressed doubts about one of the law firm’s key arguments, a warning to other firms caught up in litigation as so-called concurrent wrongdoers.

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ANZ flags fight over use of ASIC communications in sacked trader’s case
Employment 2021-08-19 3:01 pm By Cindy Cameronne

ANZ may fight to block a sacked trader from relying on his communications with ASIC in a case alleging he was fired after complaining about rate-rigging at the bank, saying it may be unlawful to use the documents, a court has heard.

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Cytec prevails again in challenge to Nalco mining patent
Energy & Natural Resources 2021-08-19 3:34 pm By Miklos Bolza

US-based chemical and materials technology company Cytec Industries has won its Federal Court challenge to a mining patent application by a unit of Ecolab, with the court finding the claims in the patent lacked support and sufficient disclosure.

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CoreLogic infringed real estate photographer’s copyright, appeals court says
Real Estate 2021-08-19 1:50 pm By Miklos Bolza

Property data analytics firm CoreLogic infringed the copyright of a real estate photographer by uploading images from realestate.com.au to its own property data platform without a licence, the Full Federal Court has found.

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Developer’s ‘utterly unreasonable’ claims tossed in case over Fairfax brothel article
Defamation 2021-08-19 8:25 pm By Bianca Hrovat

A Gold Coast developer must re-plead allegations in a defamation lawsuit against Fairfax over an article alleging he met a former Ipswich mayor at a brothel, after a judge struck out several claims that he described as “spectacularly imaginative and utterly unreasonable”.

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Banks unleash new legal maneuvers to shut down ANZ cartel case
Competition & Consumer Protection 2021-08-18 4:07 pm By Miklos Bolza

The banks and high-ranking executives targeted in pared-down criminal cartel proceedings over a $2.5 billion ANZ share placement are taking new steps to shut down the long-running case, including further probes into the ACCC’s conduct during its investigation into the alleged cartel.

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Christian Porter wants court to ‘protect his reputation’, Nine tells judge
Defamation 2021-08-18 4:21 pm By Cindy Cameronne

Liberal MP Christian Porter is effectively asking the court to “protect his reputation” by seeking to block Nine and NewsCorp from using secret portions of the ABC’s defence to his defamation allegations, Nine told a judge in opposing the move.

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AMP loses bid to access docs in employee poaching dispute
Employment 2021-08-18 9:42 pm By Cindy Cameronne

AMP has lost its bid to access documents showing software company DST Bluedoor’s revenue forecasts and employee remuneration in a $35.5 million legal stoush alleging the financial services firm induced 11 employees to jump ship after licensing its online advisor platform.

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Hancock Prospecting avoids $3M discovery hit
Energy & Natural Resources 2021-08-18 4:21 pm By Miklos Bolza

Gina Rinehart’s Hancock Prospecting has avoided a discovery order that would cost an estimated $3 million to comply with, with a judge instead ordering that limited discovery be given to two Rinehart children in an ongoing family dispute over titles for the Hope Down iron ore mine.

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Appeal dismissed in dispute over $81.8M Parklea Markets sale
Appeals 2021-08-18 9:33 pm By Miklos Bolza

Sydney retail personality Con Constantine has lost an appeal seeking to bolster a $4.25 million judgment in his favour over the $81.8 million Parklea Markets sale in 2016.

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