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NSW can’t shield docs in ACCC competition case over ports privatisation
Competition & Consumer Protection 2020-12-09 5:19 pm By Miklos Bolza

The NSW government cannot assert public immunity over cabinet documents sought in a case brought by the ACCC over an allegedly anti-competitive agreement for the privatisation of Port Botany and Port Kembla.

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Slater & Gordon strikes out bullying cross-claim in client poaching case
Employment 2020-12-09 3:10 pm By Miklos Bolza

Slater and Gordon has won a bid to strike out parts of a cross-claim seeking injury compensation for alleged bullying at the law firm brought by a solicitor accused of stealing clients after jumping ship.

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HWL Ebsworth defeats negligence lawsuit over Sydney land tender
Professional Negligence 2020-12-09 1:58 pm By Miklos Bolza

HWL Ebsworth has successfully defended a negligence lawsuit over the $25.5 million sale of Crown-owned Sydney land to property developer PPK Group, with a court finding that the developer was actually “better off” because of the transaction.

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Routine email destruction ‘bombshell’ on eve of Banksia funder’s death just a ruse, court told
Class Actions 2020-12-08 11:25 pm By Christine Caulfield

The funder accused of a fraudulent scheme to pocket inflated fees from the Banksia Securities class action produced less than 200 documents to the contradictor in the case and invented a story about a routine email purging practice to explain the discovery hole, a court has heard.

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High Court to hear challenge to ruling over ‘defamatory’ Facebook comments
High Court 2020-12-08 10:57 pm By Cat Fredenburgh

Three media companies have been granted special leave by the High Court to challenge a finding that they could be held liable for allegedly defamatory remarks left under news articles they posted on Facebook.

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Disaster payments can’t limit damages in Queensland floods class action, judge says
Class Actions 2020-12-08 5:42 pm By Spencer Fowler Steen

A judge has ruled that disaster payments cannot be taken into consideration in assessing damages in a long-running class action over the 2011 Queensland floods that destroyed 2,000 homes and claimed 12 lives.

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Ex-Norton Rose Fulbright partner says $160,000 damages ‘manifestly inadequate’
Appeals 2020-12-08 4:50 pm By Christine Caulfield

A sacked Norton Rose Fulbright partner is challenging a $160,000 award handed down by a judge who found the law firm intentionally deceived him in litigation over his dismissal, arguing the sum is “manifestly inadequate”.

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Banks plead not guilty as ANZ cartel case heads to trial in Federal Court
Competition & Consumer Protection 2020-12-08 3:50 pm By Miklos Bolza

Three banks have been committed to stand trial after pleading not guilty to criminal charges stemming from an alleged cartel agreement reached in a $2.5 billion ANZ share placement, with the closely watched case now moving to the Federal Court two-and-a-half years after it was filed.

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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
Competition & Consumer Protection 2020-12-08 1:34 pm By Christine Caulfield

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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Apple to seek stay of Epic Games competition lawsuit
Competition & Consumer Protection 2020-12-08 11:16 am By Cat Fredenburgh

Apple wants to stay a competition lawsuit brought by video game developer Epic Games in Australia, claiming a clause in its developer contract requires any dispute between them to be heard in a California court.

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