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Fortescue denies IP head told Element Zero founder to delete documents
Intellectual Property 2024-08-20 11:21 pm By Sam Matthews

Fortescue has rejected Element Zeroā€™s ā€œimplausibleā€ claims that the start-up’s founder was instructed by the mining giant’s IP manager to access and delete certain documents after his resignation, as it defends allegations that search orders it won over the alleged misappropriation of its confidential information were based on weak evidence.

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Insurers win another fight over COVID-19 business interruption claims
Insurance 2024-08-20 11:26 pm By Cindy Cameronne

Several insurers have won a dispute with two Melbourne businesses about whether an industrial special risks policy can cover losses suffered during COVID-19 lockdowns, with a judge finding the policy did not respond just because there were recorded cases in Melbourne.Ā 

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New judge Richard McHugh happy to get out of way of ‘hungry new silks’
Courts 2024-08-20 11:49 pm By Cindy Cameronne

The NSW legal community has welcomed to the bench the newest Supreme Court judge, Richard McHugh, who reflected on his good fortune in a ceremony on Tuesday and vowed to try, at least, not to get grumpy.

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Court rejects enviro group’s challenge to Mt Pleasant coal mine extension
Environment 2024-08-20 12:32 am By Cindy Cameronne

A environmental group has lost its challenge to the extension of the Mount Pleasant open cut coal mine in NSW operated by MACH Energy, with a judge finding the planning commission considered greenhouse emissions and did not merely pay ā€œlip serviceā€ to the issue.

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Union loses challenge to Energy Australia’s super payments for shift workers
Employment 2024-08-20 11:07 pm By Andy Sidler

The full Fair Work Commission has rejected a union’s challenge to a decision affirming Energy Australiaā€™s practice not to make superannuation contributions on earnings for time off in lieu of overtime for shift workers.

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Strip search class action attacks NSW’s ā€˜reasonable exercise of powerā€™ defence
Class Actions 2024-08-19 3:24 pm By Cindy Cameronne

The lead plaintiff in a class action alleging NSW Police conducted illegal strip searches at music festivals has argued the state cannot rely on a defence that the searches were a reasonable exercise of power, after a recent judgment found the defence does not apply to unlawful arrests.

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‘Industrial scale forensic debacle’: Element Zero blasts Fortescue search orders
Energy & Natural Resources 2024-08-19 10:06 pm By Sam Matthews

Start-up Element Zero has attacked search orders won by Fortescue over the alleged misappropriation of the mining company’s confidential information by three former employees, calling the orders an ā€œindustrial scale forensic debacleā€ won on weak evidence and the failure to disclose material information.

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HWL Ebsworth client rejected $1.35M offer to settle negligence case
Professional Negligence 2024-08-19 11:43 pm By Cindy Cameronne

HWL Ebsworth has won indemnity costs against a former client who alleged the firm gave negligent advice over property in Parramattaā€™s ‘Auto Alley’, with a court saying the client was the ā€œauthor of the outcome about which it complainsā€ by rejecting a $1.35 million settlement offer.

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ACT government wants out of public housing class action
Class Actions 2024-08-19 12:56 pm By Cindy Cameronne

A class action on behalf of public housing tenants who were allegedly forced to relocate is facing a bid for summary judgment by the ACT government, which claims it is not the correct respondent.

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iProsperity liquidators can prioritise $62.5M claims against Crown, Star: Full Court
Restructuring & Insolvency 2024-08-19 11:59 pm By Cindy Cameronne

The former general manager of iProsperity has lost his challenge to the collapsed fund manager’s liquidators getting more time to investigate $18 million in payments he received, with the Full Court finding they were not wrong to prioritise investigations into $62.5 million in payments to Crown and The Star.

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