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In loss for Haymarket builder, appeals court says new defect claims not new cause of action
Appeals 2023-04-17 10:25 pm By Sam Matthews

The builder of an allegedly defective Haymarket apartment building has lost an appeal of a decision which found that separate breaches of statutory building warranties do not create individual causes of action.

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‘You are not working at RMIT’: Art school dean fired over Instagram for taking leave, suit says
Education 2023-04-14 11:07 pm By Cindy Cameronne

The former dean of art school LCI Melbourne is seeking over $860,000 in compensation in a case alleging she was unfairly sacked via Instagram direct message because she took paid annual leave during “the most important term of the year”.

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Forex broker representative loses challenge to ASIC expert opinion
Competition & Consumer Protection 2023-04-14 4:35 pm By Cindy Cameronne

The authorised representative of forex broker Union Standard can’t exclude parts of an opinion by an ASIC-appointed expert in a case alleging it traded in margin products with Chinese clients despite knowing it was illegal under Chinese law.

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Directed Electronics appeals partial loss in case over ‘reprehensible’ trade secrets theft
Intellectual Property 2023-04-14 11:38 pm By Christine Caulfield

Car electronics company Directed Electronics has challenged a ruling that partially dismissed its case over the alleged misappropriation of trade secrets by a former manager, who was found to have pocketed $3.6 million in commissions through a secret agreement with rival Hanhwa.

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High Court snubs Sunwater in appeal over coverage for $440M floods settlement
High Court 2023-04-13 2:15 pm By Cat Fredenburgh

The High Court has rejected dam services provider Sunwater’s request that it weigh in on a dispute over insurance coverage for a $440 million class action settlement with victims of the 2010-2011 floods in Queensland.

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‘Too simplistic’: Judges’ support for disclaimer challenged in class action’s High Court appeal
Appeals 2023-04-13 11:57 pm By Christine Caulfield

The farmers leading a class action against Advanta Seeds over contaminated product have brought their case to the High Court, challenging an appeals court’s holding that a disclaimer nullified the company’s duty to protect growers against economic loss.

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Architecture firm to pay $975,000 for attempting to rig bids on $250M university project
Competition & Consumer Protection 2023-04-13 1:52 pm By Sam Matthews

Award-wining architecture firm Ashton Raggatt McDougall and its former boss have agreed to pay a combined $975,000 in penalties for attempting to rig bids on a $250 million building project at Charles Darwin University.

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Carnival wins strike-out bid in class action over gastro outbreaks
Class Actions 2023-04-12 11:41 am By Cindy Cameronne

Carnival has won its bid to strike out a class action over norovirus outbreaks on its Sun Princess cruise ship. 

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Essure contraceptive ‘safe and efficacious’, Bayer tells class action trial
Trials 2023-04-12 9:20 pm By Cindy Cameronne

Bayer told a jury that clinical trials from the 1990’s to 2014 showed its Essure birth control device was “safe and efficacious”, as the pharmaceutical giant faces trial in a class action by patients who claim they suffered debilitating injuries from the device.

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High Court dashes Spain’s challenge to sovereign immunity claims in $394M dispute
Arbitration 2023-04-12 1:48 pm By Cindy Cameronne

Spain has lost its High Court appeal arguing it had sovereign immunity from an Australian court’s recognition of a $394 million arbitration award against the country for changes to its energy policies. 

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