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‘We’re not King & Wood Mallesons’ excuse doesn’t wash in bid to revive $400M suit
Construction 2024-07-16 2:36 pm By Cindy Cameronne

A judge has rebuffed a developer’s bid to revive a $400 million lawsuit against an investor after it failed to comply with a guillotine order, saying it was not an adequate explanation that the firm of solicitors acting for it lacked the resources of the defendant’s Big Six outfit. 

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CSR faces potential competition case over insulation price hikes
Competition & Consumer Protection 2024-07-15 11:47 pm By Christine Caulfield

Major building insulation supplier CSR Bradford has been hit with a lawsuit by a leading home energy company seeking information on price increases as part of a potential lawsuit alleging misuse of market power.

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EnerMech wins appeal in $10M feud with Acciona over Westconnex tunnel construction
Construction 2024-07-11 11:53 pm By Sam Matthews

Subcontractor EnerMech has won an appeal in its fight against Acciona over a $10 million progress payment for work on the Westconnex M4-M5 link, with an appeals court finding the question of whether EnerMech’s claim was a payment claim for construction work was a matter for an adjudicator, not the court.

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Funder behind Westconnex class action seeks fourth firm to run case
Class Actions 2024-07-08 11:49 pm By Cindy Cameronne

A funder bankrolling a class action against the NSW government over the construction of Sydney’s $16 billion Westconnex tunnel is locked in a dispute with the lead applicants over $135,000 held in a trust account, and wants to replace the plaintiffs and their solicitors, the third group of lawyers to run the case.

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Lendlease’s $1.3B sale of residential portfolio to Stockland raises red flags: ACCC
Construction 2024-07-04 1:01 pm By Cat Fredenburgh

Lendlease’s plan to sell a portfolio of residential community projects to Stockland for $1.3 billion has raised concerns for the ACCC, which worries the transaction may substantially lessen competition in the supply of residential masterplanned community housing lots in four regions.

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Judge slashes plaintiffs’ costs in Sydney light rail class action
Class Actions 2024-06-25 10:55 pm By Cindy Cameronne

A judge has ordered Transport for NSW to only pay 65 per cent of the costs of a class action over Sydney’s $3 billion light rail construction, finding it was not inappropriate to apportion costs even though the plaintiffs were largely successful.

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Judge slams solicitor’s ‘competing commitments’ excuse for late evidence in $54M suit
Construction 2024-06-19 11:55 pm By Cindy Cameronne

A judge has refused to allow an owners corporation to serve late expert evidence in its case against developer Mirvac over alleged defects in a Sydney apartment complex, saying a solicitor’s explanation about “competing commitments” was inadequate and “a circumstance shared by most members of the legal profession”.

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McCullough Robertson lures construction partner from HWL Ebsworth
Business of Law 2024-06-18 10:09 pm By Andy Sidler

McCullough Robertson has snagged a partner from HWL Ebsworth to join the firm’s construction and infrastructure team in Sydney.

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Fees, commission to eat up half of $40M settlement in RCR Tomlinson class action
Class Actions 2024-06-13 4:27 pm By Cindy Cameronne

A judge has approved a $40 million settlement in a shareholder class action against collapsed engineering firm RCR Tomlinson, with almost half of the settlement to go towards a funder’s commission and legal fees. 

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Pacific Werribee shopping centre owners mull $335M suit against Probuild
Construction 2024-06-05 2:24 pm By Cindy Cameronne

The co-owners of Pacific Werribee shopping centre in Victoria have largely won their bid for insurance documents as they weigh a second case against collapsed construction company, allegedly worth up to $335 million. 

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