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Promise did not seal contract, judge says in tossing Cirrus case over NZ Defence Force training
Contracts 2024-07-15 11:32 pm By Sam Matthews

A judge has tossed a contract claim brought against aircraft maintenance company Hawker Pacific by scorned subcontractor Cirrus RTPS, finding that a purported agreement surrounding a joint bid for services offered by the New Zealand Defence Force was not intended to be binding.

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BitConnect’s former Aussie promoter John Bigatton convicted
Cryptocurrency 2024-07-15 11:58 pm By Cat Fredenburgh

Former BitConnect national promoter John Louis Bigatton has been convicted for his role in marketing the online cryptocurrency platform, a global Ponzi scheme that reached a market capitalisation of $5 billion before its collapse.

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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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With no evidence but ‘years of experience’, judge refuses costs order against failed litigant
Contracts 2024-07-11 11:55 pm By Cat Fredenburgh

A judge has tossed an unconscionable conduct case against IT company IT&C, but declined to order costs against the individual applicant, citing his “many years of experience”, but no firm evidence, in support of a finding that the order would harm the manā€™s mental health.

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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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Champagne growers drop trade mark challenge on eve of trial
Intellectual Property 2024-07-11 11:23 pm By Cindy Cameronne

The French association representing wine producers from Champagne has discontinued its lawsuit against an Australian retailer after it agreed to only use seed extract from the Champagne region of France.Ā 

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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 customersā€™ financial needs.Ā 

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BlueScope’s circumstantial evidence falls short in unfair dismissal case
Employment 2024-07-10 11:23 pm By Sam Matthews

The Fair Work Commission has ruled that an electrician with BlueScope Steel was unfairly dismissed following a complaint by a coworker who did not give evidence to the commission, finding that it was ā€œabundantly unfairā€ for the complaint to be advanced as hearsay evidence.

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Lawyers win appeal in professional negligence case over settlement advice
Professional Negligence 2024-07-09 11:54 pm By Sam Matthews

An appeals court has rejected a challenge by a woman who said she was given negligent advice by her lawyers about two settlement offers which she rejected, finding that she would not have taken advice to accept the offers in any case.

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The West Australian hit with $180,000 defamation judgment over ‘sensationalist’ article
Defamation 2024-07-08 11:19 pm By Sam Matthews

A judge has ordered Seven West-owned publication The West Australian to pay a former public servant $180,000 in damages over an article about an allegation of fraud that had ā€œa sensationalist overtoneā€.

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