Ratepayers can’t strike out defences in class action against Queensland city council

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Ratepayers in a class action against a Queensland city council calling for the recovery of an invalid levy on their land failed in their bid to summarily dismiss the council’s defence that the unreturned portion of the charges was spent for their benefit. 

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Ultra Tune’s excuse for missing appeal deadline doesn’t wash, ACCC tells court

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The consumer regulator wants a court to throw out Ultra Tune’s appeal of a $2.6 million penalty after the national car repair franchise filed its challenge more than a month late because its lawyers “miscalculated” the deadline.

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East Timor can’t duck $328M fuel supply dispute with Lighthouse Corporation

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The Democratic Republic of East Timor has lost its bid to dismiss a lawsuit brought by oil and gas firm Lighthouse Corporation over $328 million in alleged losses stemming from a failed fuel supply agreement, with a judge finding the court has jurisdiction to hear the case after an ICSID panel declined to arbitrate the dispute.

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Landlords lose multi-million dollar appeal over Myer’s Chadstone Shopping Centre lease

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An appeals court has criticised the ‘weak’ legal position of the owners of Chadstone Shopping Centre in Melbourne, throwing out their multi-million dollar appeal of a ruling in favor of anchor tenant Myer.

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ASIC has no ace in case over Australian Open broadcast rights, ex-Tennis Australia head says

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Former Tennis Australia director Harold Mitchell has denied allegations by the Australian Securities and Investments Commission that he breached his duties when awarding broadcasting rights for the Australian Open and other tournaments to the Seven Network in 2013.

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Judge who ruled for Geoffrey Rush was biased, Daily Telegraph says in appeal

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Daily Telegraph publisher Nationwide News has appealed a $850,000 judgment against it in a defamation case brought by actor Geoffrey Rush, saying the judge who presided over the case was biased.

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Deloitte grilled after claiming partners have no right to access files from litigation room

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Lawyers for Deloitte were questioned by an appeals court Monday after arguing that the accounting giant’s partners had no access to the firm’s files, stored in a locked “litigation room”, and no power to hand them over to comply with discovery orders in a shareholder class action over the collapse of client Hastie Group.

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Oil spill class action trial delayed by expert evidence filed ‘without leave, without notice’

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The Montarra oil spill class action trial has been pushed back by two weeks, following the filing of late expert evidence by the applicants “without leave, without notice,” according to oil company PTTEP.

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Westpac slams ASIC for ’19th century approach’ to home loans

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Banking giant Westpac has criticised the Australian Securities and Investments Commission’s old fashioned approach to home loan serviceability, saying its own complex system is more efficient and would “pass muster” in the face of the regulator’s allegations that it breached responsible lending laws.

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Police officer who blew the whistle on blowjob not entitled to protection, court says

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A former Queensland police officer who reported a fellow officer to a disciplinary tribunal for misconduct after he was seen receiving oral sex from another officer in a police car is not entitled to whistleblower protection because the complaint was not a public interest disclosure, a court has found.

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