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‘Commercial nonsense’ ruling shot down in AMP lease dispute
Real Estate 2023-07-11 10:16 pm By Gareth Baker

Willis Australia has won an appeal against its landlord, AMP Capital, with a court ruling the insurance broker is entitled to withdraw notice it gave in December 2019 to renew its office lease. 

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Mining magnate Gina Rinehart can’t fight use of arbitration docs as trial in family feud begins
Trials 2023-07-10 3:44 pm By Gareth Baker

Hancock Prospecting can’t challenge an order that documents produced in arbitration are fair game, as the mining company’s chief, Gina Rinehart, battles her children in a trial over ownership of a valuable tenement set to start Monday.

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Solicitor loses argument that costs assessors can’t get do-over
Business of Law 2023-07-10 5:15 pm By Gareth Baker

A Sydney solicitor has lost a 10-year-old dispute with a former client over fees, after unsuccessfully claiming a cost assessor’s conduct in issuing multiple preliminary cost certificates ran afoul of the Legal Profession Act.

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Care A2 loses bid for freezing order in case against Sports Flick exec
Corporate 2023-07-10 3:06 pm By Cindy Cameronne

Infant formula maker Care A2 Plus has lost a bid for a freezing order against the former chief financial officer of Sports Flick as it appeals a finding she had no involvement in a fellow executive’s “deceitful” scheme over a $5 million World Cup streaming deal. 

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Monster Energy loses challenge to A&E Television’s trade mark
Intellectual Property 2023-07-07 5:42 pm By Gareth Baker

Monster Energy has lost a trade mark tiff with American broadcaster A&E Television, with IP Australia giving the media company the all-clear to register a mark for its ‘Monster Motor Challenge’ TV series. 

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Hotel detention legal, but lacked ‘care and humanity’, judge says
Human Rights 2023-07-06 10:27 pm By Gareth Baker

A federal court judge has slammed Australia’s use of makeshift hotel detention centres as lacking “ordinary human decency”, but ruled they are not illegal in the case of a Kurdish refugee who was held for 14 months in two Melbourne hotels. 

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HSF, Seven can’t set aside Nine’s subpoenas in Ben Roberts-Smith case
Defamation 2023-07-05 11:42 pm By Sam Matthews

Seven and law firm Herbert Smith Freehills have lost a bid to set aside subpoenas issued by Fairfax, as the publisher seeks third party costs orders against Seven for funding disgraced soldier Ben Roberts-Smith’s unsuccessful defamation case.

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AFP can’t get first impression trial in childcare operators’ defamation case
Defamation 2023-07-05 5:25 pm By Gareth Baker

A judge has knocked back a bid by the Australian Federal Police to have an upcoming trial over an allegedly defamatory press conference run on a stripped-back ‘first impression’ basis.

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Life insurer Select AFSL, director hit with $13M penalty for unconscionable sales tactics
Insurance 2023-07-04 2:48 pm By Cindy Cameronne

Select AFSL, its related entities and its director have been slapped with $13.6 million in penalties after a judge found that the life insurer used unconscionable phone sales tactics to “wear down” often vulnerable consumers, including migrants and Indigenous communities.

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Peru sour after failed bid to trade mark pisco
Intellectual Property 2023-07-04 5:07 pm By Gareth Baker

The government of Peru has appealed a ruling that rejected its bid to trade mark the alcoholic spirit pisco, after an IP Australia delegate found Aussie consumers think of more than Peruvian pisco when they see the name.

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