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EnerMech wins appeal in $10M feud with Acciona over Westconnex tunnel construction
Construction 2024-07-11 11:53 pm By Sam Matthews Melbourne

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.

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AG tells High Court Judge Vasta not immune from false imprisonment claim
High Court 2024-05-21 11:25 pm By Cindy Cameronne Sydney

The attorney-general of South Australia wants to intervene in a High Court appeal of a ruling that put Judge Salvatore Vasta on the hook for a man’s false imprisonment, saying the judge was not entitled to immunity but that police and correctional officers were.

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ATO can’t find non-conflicted expert in $173M case over Hilton hotel sale
Tax 2023-12-04 5:27 pm By Sam Matthews Melbourne

The ATO has lost its bid for a court-appointed joint expert after it failed to find a witness with legal expertise in structuring hotel sales who was not “commercially conflicted”, with a judge ruling that Hilton should not be prevented from relying on an expert report it already obtained.

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High Court asked to take up judicial immunity appeal
Appeals 2023-11-22 4:07 pm By Cat Fredenburgh

The state of Queensland has urged the High Court to step in after a Federal Circuit and Family Court judge was held personally liable for a man’s false imprisonment.

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Judge’s immunity appeal may go straight to High Court
Courts 2023-10-25 1:27 pm By Sam Matthews Melbourne

A judge’s appeal of a decision that found he unlawfully imprisoned a man for contempt and was liable for over $300,000 in damages may go straight to the High Court and should be heard before a similar suit by another man jailed by the judge, a court has heard.

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In a first, Lactalis hit with $950,000 penalty for Dairy Code breaches
Competition & Consumer Protection 2023-07-25 11:11 pm By Cat Fredenburgh

Dairy processor Lactalis Australia has been hit with a $950,000 penalty in the first proceedings against a company for breaches of the Dairy Code.

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BCC can bring claims against three Greensill units
Insurance 2023-03-30 4:16 pm By Cindy Cameronne Sydney

Insurer Bond & Credit Company has overcome an administrator’s protests and won leave to bring cross-claims against three Greensill entities in lawsuits over the financing firm’s $1.7 billion collapse.

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Whitehaven coal mine extension illogical amid ‘deadly’ climate crisis, court told
Energy & Natural Resources 2023-02-15 1:43 pm By Cindy Cameronne Sydney

The NSW Independent Planning Commission’s decision to approve an extension for Whitehaven’s Narrabi coal mine was “legally illogical” amid current knowledge of the “extraordinary and deadly” impact of climate change, a court has heard.

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Lactalis breached Dairy Code by not publishing milk prices, court rules
Competition & Consumer Protection 2022-09-16 10:19 pm By Sam Matthews Melbourne

A judge has found that dairy processor Lactalis Australia breached a mandatory industry code between farmers and processors requiring it to publish milk supply contracts on its website.

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Arbitrator whose wife repped Gina Rinehart can hear family feud over mining assets
Energy & Natural Resources 2022-09-09 1:42 pm By Cindy Cameronne Sydney

An appeals court has refused a bid by Bianca Rinehart and John Hancock to block an arbitrator from deciding a long-running dispute over valuable mining assets, despite his wife having acted for Gina Rinehart in related proceedings.

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