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High Court to rule on force of disclaimer to shield manufacturers from economic loss claims
Class Actions 2024-08-05 11:59 pm By Christine Caulfield

The High Court is scheduled to hand down a judgment in a class action on Wednesday on the power of a product disclaimer to protect manufacturers from claims they owe a duty of care to protect purchasers from pure economic loss.

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Mount Pleasant coal mine engineers have partial win over CEO statement on eve of $270M trial
Energy & Natural Resources 2024-08-05 11:03 pm By Andy Sidler

G&S Engineering and its parent company, DRA Global, can redact what a court has found is privileged information provided in a witness statement by a former top executive, in the latest interlocutory stoush ahead of trial in a high stakes dispute with MACH Energy.

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Lendlease can’t argue Qld law doesn’t apply to work on NSW side of Gold Coast Airport
Construction 2024-08-05 11:46 pm By Sam Matthews

A judge has rejected Lendleaseā€™s argument that Queensland building legislation does not apply to cross-border works carried out at Gold Coast Airport, saying the builderā€™s construction of the law would require a ā€œbolt-by-boltā€ analysis of construction work.

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Firm accused of copying rivals’ class action pleadings loses IC Markets beauty parade
Class Actions 2024-08-02 10:13 am By Cat Fredenburgh

Two judges have declined to award carriage of a class action against International Capital Markets over risky derivative products to a firm accused of plagiarising its rivals’ pleading.

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Axed lawyer says Super Retail harmed her reputation as a senior solicitor
Employment 2024-08-02 11:33 pm By Christine Caulfield

Super Retail Group’s former chief legal officer Rebecca Farrell says the company damaged her professional standing as a senior solicitor and exposed her to the risk of regulatory investigation and enforcement action.

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Monash IVF takes coverage fight with insurer to court ahead of class action mediation
Insurance 2024-08-02 11:45 pm By Sam Matthews

Monash IVF and a host of IVF clinics have taken Insurance Australia Ltd to court over coverage ahead of mediation in a class action alleging the companies destroyed potentially viable embryos.Ā 

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Mercer Super hit with $11.3M penalty in first ASIC greenwashing case
Environment 2024-08-02 1:57 pm By Sam Matthews

A judge has ordered Mercer Superannuation to pay $11.3 million for ā€œreckless, if not deliberateā€ representations about so-called sustainable investment options that included investment in oil and gas companies, including BHP and Origin Energy.Ā 

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Judge approves $8.25M settlement in class action against PwC over bond prospectus
Class Actions 2024-08-02 10:56 pm By Andy Sidler

A judge has approved a $8.25 million settlement in a class action against PricewaterhouseCoopers brought by Axsesstoday bondholders over an allegedly misleading bond prospectus.

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Retired NRL player Ethan Lowe loses $1M battle with league’s insurer
Insurance 2024-08-02 11:19 pm By Andy Sidler

A court has found that the NRLā€™s insurance policy with Lloyd’s of London does not cover former South Sydney Rabbitohs star Ethan Lowe for the devastating injury he suffered during a State of Origin match four years ago, dismissing the retired rugby player’s $1 million lawsuit.Ā 

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Junior doctors class action says Peninsula Health must pay price for unpaid overtime
Class Actions 2024-08-01 11:00 pm By Christine Caulfield

After leading the first in a series of class actions by thousands of junior doctors to victory at trial, the applicant in a landmark wage case against Peninsula Health has told a judge the penalty against the Victorian hospital operator must send a clear message.

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