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Hancock Prospecting must hand over docs to Rinehart children
Energy & Natural Resources 2023-03-28 2:25 pm By Cindy Cameronne

Gina Rinehart’s Hancock Prospecting has lost its bid to avoid producing documents to Bianca Rinehart and John Hancock after a judge rejected arguments the Rinehart children were abusing the court’s processes in a long-running dispute over ownership of a valuable mining tenement.

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Insurers score win in court battle over $695M Pacific Highway project
Insurance 2023-03-28 3:45 pm By Sam Matthews

The Full Court has found that a policy exclusion applies in a dispute between Acciona Infrastructure and Ferrovial Construction and three insurers over coverage for loss and damage caused by heavy rainfall during the construction of the $695 million Pacific Highway in northern New South Wales.

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Lawyer loses battle for fees from murder suspect’s government payout
Appeals 2023-03-27 10:27 pm By Sam Matthews

A lawyer who represented murder suspect Henry Keogh has failed to secure payment of his professional fees out of an ex-gratia payment to Keogh from the South Australian government, after an appeals court found the contingency under his retainer never arose.

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Linchpin class action settles with directors, continues against AIG
Class Actions 2023-03-24 10:19 pm By Cindy Cameronne

An investor class action has reached a settlement with four former directors of defunct Linchpin Capital, leaving only allegations against AIG Insurance, which is allegedly seeking to withdraw an admission that directors were insured under a D&O policy. 

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Full Court finds ACCC misstepped by not bringing ‘major failures’ case against Mazda
Appeals 2023-03-23 3:18 pm By Cindy Cameronne

The Australian Competition and Consumer Commission and Mazda have both lost their appeals in a case over the car manufacturer’s ‘appalling’ customer service, with three judges questioning the regulator’s decisions in how it ran the case.

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Firm must compete to administer $192.5M PTTEP class action settlement
Class Actions 2023-03-22 9:05 pm By Cat Fredenburgh

The law firm that ran a class action over the 2009 Montara oil spill must compete to administer a $192.5 million settlement, with a judge saying a tendering process is consistent with the court’s “protective and supervisory role” in managing costs deducted from class action settlements.

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Drink rivals mull High Court appeals after losing ‘Mother’ of all trade mark disputes
Intellectual Property 2023-03-22 2:11 pm By Cindy Cameronne

The owners of Mother energy drinks and Vittoria Food & Beverage have both lost their challenges to each other’s ‘Motherland’ and ‘Mothersky’ trade marks and are considering taking the long-running stoush to the High Court. 

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Richard Crookes to appeal landmark judgment on SOPA’s availability to insolvent companies
Restructuring & Insolvency 2023-03-21 10:33 pm By Sam Matthews

Construction company Richard Crookes plans to appeal a ruling which found the Security of Payment Act is available to insolvent builders to pursue debts under a deed of company arrangement, despite an amendment to the law preventing construction companies in liquidation from enforcing payment claims.

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High Court asked to revive pooling orders for businesses with common right to sue
Restructuring & Insolvency 2023-03-20 4:58 pm By Cindy Cameronne

A liquidator for two related NSW printing companies has launched a High Court challenge to overturn a judgment finding a joint right to sue another business for $330,000 could not be combined in a pooling order. 

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High Court to hear class action waiver challenge in Ruby Princess case
Class Actions 2023-03-17 4:31 pm By Christine Caulfield

The High Court has granted leave to the applicant in a class action against Carnival PLC to appeal a ruling that upheld a class action waiver in tickets bought by foreign passengers on the ill-fated Ruby Princess in 2020.

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