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Judge orders discovery of legal advice in spat over $45B Ichthys LNG project
Energy & Natural Resources 2023-05-18 11:49 pm By Sam Matthews

A judge has ordered contractor JKC Australia to hand over legal advice relating to a settlement deed it entered with Japanese oil company Inpex in 2021, as it seeks to hold Dutch paint company AkzoNobel NV responsible for its ā€œsignificantā€ potential liability under the settlement.

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‘Not motivated by access to justice’: Funder hit with indemnity costs in copyright case
Intellectual Property 2023-05-17 3:08 pm By Cindy Cameronne

A judge has ordered a litigation funder that bankrolled a photographerā€™s unsuccessful copyright claim against CoreLogic to pay indemnity costs to the property data analytics company, saying the funder was not ā€œmotivated by any concerns for access to justiceā€.

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Tech exec subjected to DXC’s ‘unreasonable’ 7-year restraint clause wins appeal
Technology 2023-05-16 10:28 pm By Sam Matthews

An appeals court has found a seven-year non-competition clause in US tech giant DXC Eclipse’s agreement with the former director of Melbourne software firm Sable37, which it acquired in 2018, was unreasonable.

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UFG to pay $5M for misleading gym franchisees about ā€˜near valuelessā€™ businesses
Franchises 2023-05-16 4:24 pm By Cindy Cameronne

The company behind the Ultimate Fighting Championship gym franchise has been ordered to pay $5 million to three franchisees after a judge found it misled them about businesses which were ā€œnear valuelessā€ and unlikely to make profit.Ā 

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Directed Electronics wins $3.27M in Hanhwa trade secrets case, with damages still to come
Intellectual Property 2023-05-15 2:09 pm By Sam Matthews

Automotive electronics company Directed Electronics is set to claw back $3.27 million in commission payments made to a former manager through a secret side agreement with South Korean giant Hanhwa, with a ruling on damages still to come in the five-year case.

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Opal Tower class action funder’s appeal of cuts to commission falls flat
Class Actions 2023-05-12 11:13 pm By Cat Fredenburgh

An appeals court has shot down funder Augusta’s challenge to a decision that cut its commission in the Opal Tower class action, putting funders on notice that they will have to marshal compelling evidenceĀ to win approval for their returns from an increasingly watchful court.

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Australian Mines ex-director hit with $70,000 penalty for conference representations
Energy & Natural Resources 2023-05-12 11:57 pm By Cat Fredenburgh

A former director of Australian Mines has copped at $70,000 penalty in ASIC proceedings accusing him of making false and misleading representations at mining investment conferences in 2018.

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Veolia wins discovery for potential case against EnergyAustralia
Energy & Natural Resources 2023-05-11 11:05 pm By Christine Caulfield

Water services company Veolia Water Australia has won its bid for EnergyAustralia and two mining companies to hand over information about the quality of mine water they send for treatment, with a judge finding it could be ā€œmaterially worseā€ than promised.Ā  In a judgment handed down on Wednesday, Federal Court Justice Scott Goodman ordered EnergyAustralia…

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Judge says ‘serious harm’ test in defamation law could violate Judiciary Act
Defamation 2023-05-10 3:06 pm By Cindy Cameronne

A judge has questioned whether recent changes to defamation law requiring courts to determine if a publication has caused serious harm ahead of trial are invalid because of possible inconsistency with the Federal Courtā€™s case management rules.

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Ex-BCEG directors claw back costs after shaving $12.5M off judgment
Construction 2023-05-04 2:43 pm By Sam Matthews

Two ex-directors of Chinese construction and engineering firm BCEG who were found to have defrauded the company have succeeded in clawing back a portion of their costs of a partially successful appeal which reduced the amount owing to their former employee by around $12.5 million.

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