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Settlement offer not inadmissible in case against law firm, judge says
Professional Negligence 2023-11-24 11:52 pm By Sam Matthews

A judge has ruled that a settlement offer made in a case can be adduced into evidence in a construction company’s suit against its former lawyers, finding that the offer was not covered by without penalty privilege.

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High Court won’t weigh in on spat between Probuild, Allianz over development bonds
Construction 2023-11-20 11:52 pm By Christine Caulfield

Probuild Constructions has failed in its special leave application to the High Court, which sought to challenge a ruling that it held $7.7 million in trust for insurer Allianz under a deed of indemnity in connection with the development of West Side Place in Spencer St, Melbourne.

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Unfunded class action by Sydney townhouse owners dodges security for costs
Class Actions 2023-11-16 11:46 pm By Christine Caulfield

A judge overseeing a class action by the owners of lots in a townhouse development in the Sydney suburb of Alexandria has rejected an application for security for costs, noting the case has been brought by individuals who stand to lose their properties if they fail to pay costs.

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Combustible cladding class action wins ‘fresh start’ with new mediator
Class Actions 2023-11-13 1:43 pm By Cat Fredenburgh

A judge has granted a bid for a new mediator in a class action over allegedly combustible cladding, agreeing with the applicant that a “fresh start” may be beneficial.

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Grocon’s system for identifying privileged docs ‘far from reliable’: judge
Construction 2023-11-13 8:03 am By Sam Matthews

Grocon has taken another hit in its $270 million lawsuit against Infrastructure NSW over a stalled $2 billion Central Barangaroo development project, with a judge rejecting its claim of privilege over more than 15,000 documents.

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Ralan managing director pleads guilty to fraud over $251M loans
White Collar 2023-11-01 3:45 pm By Cindy Cameronne

The former managing director of property developer Ralan Group could face up to 60 years in prison after pleading guilty to six fraud offences over loans the defunct corporate group took out to fund several projects in Sydney. 

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Boral fails to limit class action to registered shareholders until judgment
Class Actions 2023-10-31 5:11 pm By Sam Matthews

In a shareholder class action targeting Boral, the construction materials giant has lost a bid to limit the class to registered group members until judgment, with a judge saying there was no reason to keep the class closed after mediation.

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Law firm dropped from light rail class action can’t keep $1.25M security
Class Actions 2023-10-26 8:09 pm By Cindy Cameronne

A law firm that was replaced after feuding with its funder in a successful class action over Sydney’s light rail construction has lost a bid to keep $1.25 million in security for costs, after claiming it has a right to the money due to unpaid fees.

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‘This cannot go on any further’: Judge threatens to dismiss NAB class action
Class Actions 2023-10-25 3:32 pm By Cindy Cameronne

A judge overseeing a class action against NAB has ordered group members to be sent an unusual notice stating that the case has been run in a “wholly unsatisfactory manner” and said he will consider dismissing the action if it continues in the same vein.

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High Court asked to weigh in on advocate’s immunity shield for solicitor
Appeals 2023-10-23 4:18 pm By Sam Matthews

The High Court has been asked to weigh in on the extent of advocate’s immunity in a dispute between a Sydney solicitor and his former clients, after an appeals court found he couldn’t be sued for negligence for failure to include a breach of contract claim in a building dispute.

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