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Icon forced into arbitration with ANSTO over $27M waste facility at Lucas Heights
Arbitration 2024-04-19 11:22 pm By Christine Caulfield

A judge has shut down a case by Icon against Australia’s nuclear agency over the $27 million construction of a waste treatment plant at Lucas Heights, saying the dispute should be determined by an arbitrator despite the parties waiving pre-arbitration steps.

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Judge OKs $16M Dixon Advisory class action settlement, awards competing funder a sliver
Class Actions 2024-04-18 3:14 pm By Cindy Cameronne

A judge has signed off on a $16 million settlement in a class action against Dixon Advisory, but the funder of a competing case that was stayed after losing a beauty parade has earned a fragment of the $1 million it sought from the resolution sum.

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After 7 years of litigation, patent for blockbuster sleep drug Circadin found valid
Intellectual Property 2024-04-18 11:21 pm By Sam Matthews

After a seven-year legal battle, a court has upheld the validity of Neurim Pharmaceutical’s patent for insomnia drug Circadin and ruled two generic drug companies infringed the intellectual property.

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High Court to decide if new duty of care for NSW builders is apportionable
Construction 2024-04-18 11:03 pm By Sam Matthews

The High Court is set to weigh in on a challenge to a precedent-setting decision that found breaches of statutory duty under a provision of the Design and Building Practitioners Act are not apportionable, in a case with significant ramifications for the NSW construction industry.

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Not ‘plainly wrong’: NSW appeals court sticks to guns on class closure
Class Actions 2024-04-17 1:12 pm By Cindy Cameronne

The NSW Court of Appeal has said it has no power to exclude group members who do not sign up to a class action from participating in a settlement, upholding a controversial decision that the Full Federal Court said was “plainly wrong”. 

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Victoria Solicitor-General Rowena Orr appointed to appeals court
Courts 2024-04-17 4:20 pm By Cat Fredenburgh

Senior counsel for the banking royal commission Rowena Orr KC has been appointed as a judge on Victoria’s Court of Appeal, with class action silk Alistair Pound appointed to fill her shoes as the state’s solicitor-general.

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Latecomer class action to take first swing at Mercedes-Benz
Class Actions 2024-04-17 4:34 pm By Sam Matthews

The plaintiffs in two competing class actions against Mercedes-Benz over alleged defeat devices designed to cheat regulatory emissions tests have agreed to temporarily stay the first-filed proceeding so that one filed over a year later can go ahead, a court has heard. 

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Court OKs BHP’s coal mine extension, accepts ruling will ‘dismay’ climate change activists
Energy & Natural Resources 2024-04-17 11:50 pm By Sam Matthews

A court has given the green light to BHP’s bid to extend a Queensland coal mine over the objections of an environmental lobby group, saying the court’s acceptance of climate change did not mean it would reject all applications for fossil fuel projects.

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Sydney lawyer’s defamation claims don’t pass serious harm test, appeals court finds
Defamation 2024-04-17 4:27 pm By Andy Sidler

The Full Court has clarified that a prior bad reputation is relevant to determining whether a defamation plaintiff has suffered serious harm, tossing an appeal by a Sydney lawyer who lost her case over an article related to her conviction for an alleged $16,000 scam at David Jones, which was later overturned.

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Stockbroker ordered to pay $1M in ASIC market-rigging case
Securities 2024-04-17 11:24 pm By Christine Caulfield

Sydney stockbroker Adam Blumenthal has been ordered to pay close to $1 million after admitting to market rigging and breaching his duties as director of two companies — including by arranging a $7 million loan to ‘ASX Wolf’ Tyson Scholz.

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