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Construction PRO
Real estate agency can’t recoup advertising costs after writing ‘TBA’ in contract
A real estate agency in Victoria has lost a suit seeking the payment of its advertising costs from a former client, with a judge finding that writing 'TBA' in the contract defeated the consumer protection purpose of rules for real estate agents.
Law firm with higher contingency fee prevails in Paladin class action contest
The firm wants a bigger slice of any recovery in its case against Paladin Energy, but its clearer funding arrangement and realistic litigation budget give it the edge over a rival class action outfit, a judge has found.
Construction PRO
‘Ingredients of a Grisham novel’: Judge won’t force MBA to produce docs
The events described by an ex-Master Builders Association board member read like a best-seller, involving as they do boardroom drama, a secret investigation and an alleged whistleblower. But as thrilling as they sound, they don't support orders for discovery against the construction lobby group, a judge has said.
Leading class action lawyers among 21 new silks in Victoria
Twenty-one barristers in Victoria have won the title of senior counsel, including two class action lawyers from opposing sides of the bar table who have been involved in negotiating recent blockbuster settlements.
‘Nothing to do with us’: ESSSuper board hits back at $40M class action
The board administering the ESSSuper fund, which is facing a class action alleging it miscalculated the entitlements of transport shift workers in Victoria, has denied any liability, saying it was not involved in determining how entitlements were calculated.
FWO may revise Super Retail underpayments suit after Coles ruling
The Fair Work Ombudsman is considering amending its underpayments case against Rebel Sport owner Super Retail Group, following a significant ruling in underpayments proceedings against Woolworths and Coles.
ASIC, eToro settlement falls through in novel CFD case
Trial has kicked off in ASIC's first-ever design and distribution suit over high-risk contracts for difference, after an in-principle agreement reached with investment company eToro fell through.
Construction PRO
Boral’s recusal bid a bust ahead of SafeWork trial
Refusing to sit out a criminal trial against Boral Cement, a judge has said his sentencing of an engineering firm that pleaded guilty in the SafeWork NSW case did not disqualify him.
Judge rejects Goldstone’s recusal bid in boss’s oppression case
Private equity firm Goldstone has lost its bid to disqualify a judge from a damages hearing after he found it liable for shareholder oppression of its managing director.
Construction PRO
Alinta scores win in fight with contractors over Wagerup power station
Alinta Energy has won an urgent injunction against former contractors working on the Wagerup power station in Western Australia, saying delays on the project have caused daily losses of $137,000 in revenue since mid-July.