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Icon can’t block Opal Tower developer from calling on $3.9M guarantee
Construction 2020-03-05 4:10 pm By Miklos Bolza

The builder behind the ill-fated Opal Tower has lost its opposition in the NSW Supreme Court to a $3.9 million guarantee requested by the property’s developer, after a judge found it had not proved compliance with its contractual obligations.

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Combustible cladding class action gets makeover
Class Actions 2020-02-27 5:37 pm By Miklos Bolza

The lead applicant in a class action over allegedly combustible cladding has been ordered to immediately pay the defendants’ costs that were thrown away by amended pleadings that bring a “substantially new case”, over a year after the high-stakes case was filed.

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Deloitte partners can’t dodge production order after ‘outrageous’ removal of audit files, Full Court says
Class Actions 2020-02-27 10:00 am By Miklos Bolza

Deloitte has lost its appeal of a ruling in a shareholder class action over the collapse of Hastie Group that compelled the production of audit files taken by a partner from the accounting giant’s litigation room, in a ruling that described the actions of the partner as “bordering on contempt” and slammed Deloitte for “cynically” exploiting the situation.

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Six-year delay in judge’s ruling ‘deplorable’, Full Court says in Boral sex harassment case
Employment 2020-02-20 4:44 pm By Christine Caulfield

Wood products giant Boral Timber has been found vicariously liable for a male worker’s sexual harrassment of a female colleague, with an appeals court overturning a ruling that it said took a judge more than six years to deliver and “regrettably” brought the administration of justice into disrepute.

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Caterpillar wins latest fight over ‘cat’ trade marks
Intellectual Property 2020-02-19 11:07 pm By Christine Caulfield

Caterpillar has scored a victory in one of several legal challenges the construction equipment manufacturer has launched to protect its ‘cat’ trade marks, successfully opposing the registration of the ‘ironcat’ mark for tyres and auto maintenance.

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CIMIC to pay $32.4M to settle shareholder class action
Class Actions 2020-02-11 10:31 pm By Cat Fredenburgh

Engineering services company CIMIC will fork over $32.4 million to settle a shareholder class action, with group members expected to get 40 per cent of the settlement total if the court approves the requested  legal costs and funder’s commission.

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ACCC finds Barro stake in Adelaide Brighton won’t harm competition
Competition & Consumer Protection 2020-01-30 4:05 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has found Barro Group’s 43 per cent stake in Adelaide Brighton, acquired over a number of years, will not harm competition in the cement market.

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CFMEU boss sues John Setka for poaching union members
Employment 2020-01-15 5:33 pm By Miklos Bolza

The national secretary of the Construction Forestry Maritime Mining Energy Union has filed an urgent lawsuit against union heavyweight John Setka and 29 other officers accused of poaching union members from a rival division.

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Full Court says Oxworks wrongly awarded extra damages in patent suit
Intellectual Property 2020-01-09 5:14 pm By Miklos Bolza

The Full Federal Court has provided clarity around additional damages in patent cases by reducing the penalties liable to be paid by an Australian fencing and gate manufacturer found to have infringed a rival’s patent for a fence base.

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Bankruptcy trustee can rip up agreement giving litigation funder 85%
Restructuring & Insolvency 2020-01-09 2:42 pm By Miklos Bolza

A court has allowed a bankruptcy trustee to drop an “extremely disadvantageous” litigation funding agreement, which provided the funder with an 85 per cent commission, previously signed to pursue a Perth-based engineering and construction company.

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