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Battle to run Blue Sky, EY class action not over, as firm appeals order to team up with rival
Appeals 2022-12-08 10:55 pm By Christine Caulfield

A law firm wants to challenge a court order that it play nice with a competing firm in a class action for investors against Blue Sky Alternative Investments and auditor EY.

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High Court won’t hear appeal of security for costs order in Westconnex class action
High Court 2022-12-08 5:38 pm By Cindy Cameronne

The High Court has refused to hear an appeal of a decision forcing an unnamed litigation funder to provide $415,000 in security for the NSW government’s defence costs in a class action over the alleged fraudulent acquisition of land for construction of the $16 billion WestConnex tunnel.

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High Court rejects Western Power appeal in bushfire class action
High Court 2022-12-07 4:57 pm By Sam Matthews

The High Court has unanimously dismissed Western Power’s challenge to a judgment which found the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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NSW government has to prove $3B light rail was ‘necessary’, class action says
Trials 2022-12-07 4:38 pm By Cindy Cameronne

Closing a class action trial over Sydney’s $3 billion light rail, a lawyer for 3,500 small businesses told a judge Wednesday the NSW government had to show that building the tram network was a “reasonably necessary” addition to the city’s transport options.

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As fast food titans go to trial, Hungry Jack’s says its burger ‘clever not deceptive’
Trials 2022-12-05 10:12 pm By Christine Caulfield

Trial in the battle of the buns has begun, with McDonald’s laying out a case for why its rival’s Big Jack burger infringes its trade mark, and Hungry Jack’s firing back that consumers could not confuse its flame-grilled meal with the iconic Big Mac.

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Santos loses appeal over $4.7B Barossa offshore drilling project
Energy & Natural Resources 2022-12-02 1:14 pm By Cindy Cameronne

Santos has lost its challenge to a judge’s decision to revoke approval for its $4.7 billion offshore gas project because Tiwi Islanders were not properly consulted about the project.

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JD Group wins partial appeal in couple’s case over $10M off-the-plan apartment
Appeals 2022-12-02 2:44 pm By Christine Caulfield

Developer JD Group has scored a partial win in its challenge to a damages award to a Melbourne couple over a “deliberately misleading” rendering of a $9.6 million apartment, with a judge saying the case showed the “inherent risk” in buying apartments off-the-plan.

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‘Not innocent’: Boart Longyear can’t avoid tool recall in patent infringement spat
Intellectual Property 2022-11-21 9:28 pm By Cindy Cameronne

Mineral exploration company Boart Longyear has been granted leave to appeal a finding that it infringed a patent for a mining tool, but it can’t avoid a recall of its tools, with a judge saying its actions were “not uninformed or innocent”.

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Wife of billionaire developer challenges suppression order in $272M ATO case
Appeals 2022-11-21 2:14 pm By Christine Caulfield

The wife of a billionaire developer has lodged an appeal seeking to suppress the affidavits of a tax official in a $272 million proceeding brought by the Australian Taxation Office.

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Insurer on hook for breast implant class action costs after High Court snub
High Court 2022-11-18 11:18 pm By Cat Fredenburgh

Avant Insurance has lost its bid to challenge a ruling which put it on the hook for indemnifying a plastic surgeon in class action proceedings over allegedly botched breast augmentations at a defunct NSW clinic.

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