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Fortescue accused of ‘extraordinary invasion of privacy’ of start-up trio
Intellectual Property 2024-07-12 11:15 pm By Christine Caulfield

Seeking to quash search orders won by metals company Fortescue against former employees who founded a green iron rival, a lawyer for the start-up has said three terabytes of data were indiscriminately copied, including confidential, privileged and irrelevant material.

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COVID-19 business interruption class actions ‘manufacturing a controversy’, says insurer
Class Actions 2024-07-12 11:04 pm By Cindy Cameronne

Four insurers have argued that class actions over alleged business interruption losses during the height of the COVID-19 pandemic should be de-classed, with one insurer saying group members cannot “go behind” a Full Court decision denying coverage for certain policyholders.

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Judge to consider rare step of ordering costs against Shane Heal in failed Fair Work case
Employment 2024-07-12 11:29 pm By Sam Matthews

A judge is considering the extraordinary step of ordering costs against basketball coach Shane Heal in his failed Fair Work case against the Sydney Flames, saying the case was “very much on the margin” of constituting an exception to the no-costs rule. 

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Partner drops suit against Melbourne law firm over Slater & Gordon share sale
Corporate 2024-07-11 11:25 pm By Cindy Cameronne

The managing partner of a leading plaintiff law firm has agreed to drop his case against a Melbourne law firm, which he claimed failed to properly advise him on an agreement that barred him from selling his shares in Slater & Gordon before the firm’s share price plummeted in 2015. 

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Activist investor loses challenge to Atanaskovic Hartnell’s $300,000 bill
Business of Law 2024-07-11 11:05 pm By Cindy Cameronne

Keybridge Capital chief executive officer Nicholas Bolton has lost his appeal of a costs review panel decision that saddled him with a legal bill of $308,940 for work done by Atanaskovic Hartnell for his company in a dispute with Brookfield Multiplex.

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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

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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Contingency fee ruling may face serious scrutiny in a High Court challenge, experts say
Analysis 2024-07-10 11:55 pm By Christine Caulfield

Although carefully reasoned, last week’s landmark judgment by the Full Federal Court finding power to grant contingency fees to class action solicitors has placed the question of statutory authority to award settlement common fund orders on more unsteady ground than before, experts say.

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Fortescue’s private investigators trailed trips to Kmart while spying on ex-employees, court told
Intellectual Property 2024-07-10 4:15 pm By Cindy Cameronne

Metal mining company Fortescue hired private investigators to spy on former employees who created green iron start-up Element Zero, sifting through their mail, taking photos of their children and following them to Kmart, a court has heard. 

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In first, court finds non-bank lender Firstmac breached DDO obligations
Financial Services 2024-07-10 11:07 pm By Cindy Cameronne

In a win for ASIC, the Federal Court has found that non-bank lender Firstmac Limited breached the design and distribution obligations, introduced in 2021, by marketing a managed investment scheme that could be unsuitable for customers’ financial needs. 

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HWL Ebsworth, ex-partner file competing appeals over expulsion finding
Appeals 2024-07-10 4:01 pm By Cindy Cameronne

HWL Ebsworth and a former capital partner have both appealed a ruling that found the partner was invalidly expelled in 2020 but that his partnership had been dissolved from the day he sued his former firm. 

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