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AG can gatekeep insurance providers for NSW lawyers, appeals court finds
Business of Law 2024-08-21 11:26 pm By Andy Sidler

The NSW appeals court has clarified the operation of the Uniform Law in the state, finding that insurers offering professional indemnity insurance to legal practitioners must be approved by the state’s Attorney General.

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‘Poor in the extreme’: Fishing class action slams NSW’s defence
Class Actions 2024-08-21 11:48 pm By Andy Sidler

A class action accusing the New South Wales government of unfair persecution of  south coast Indigenous groups for engaging in cultural fishing practices has slammed the state’s defence as “poor in the extreme”.

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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 Zero’s “implausible” 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. 

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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 “lip service” 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 Australia’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 ‘reasonable exercise of power’ 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 “industrial scale forensic debacle” 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 Parramatta’s ‘Auto Alley’, with a court saying the client was the “author of the outcome about which it complains” by rejecting a $1.35 million settlement offer.

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