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‘It does seem very odd’: Judge questions Victoria’s bid to strike out housing class action
Class Actions 2024-04-23 11:25 pm By Sam Matthews

A judge hearing the Victorian government’s bid to knock out a class action over its decision to retire Melbourneā€™s high-rise public housing towers has questioned the state’s submission that the decision had ā€œno effectā€ on the rights of tenants.

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Judge worries about perception that FWO treated CFMEU ‘more equal than others’
Employment 2024-04-22 11:55 pm By Cindy Cameronne

A judge has expressed concern that a “bizarre” last-minute settlement in a long-running case against the CFMEU could damage the public perception of the FWO as a model litigant, saying it could appear that the ombudsman treated some perpetrators as ā€œmore equalā€ than others.Ā 

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In spat over $365,000 bill, court finds law firm failed to make ongoing disclosures to client
Legal Ethics 2024-04-22 3:41 pm By Sam Matthews

A judge has found that a law firm failed in its duty to provide ongoing costs disclosures, in a fight over a legal bill that was double the size of the last estimate provided, rejecting an argument that the client should have understood the charges would climb.

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Westconnex class action paused as funder feuds with lead plaintiff
Class Actions 2024-04-19 12:51 pm By Cindy Cameronne

A class action against Transport for NSW over the alleged fraudulent acquisition of land to construct the $16 billion Westconnex tunnel in Sydney has been put on ice until the funder and the lead plaintiff can resolve a potential dispute.Ā 

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Icon forced into arbitration with ANSTO over $27M waste facility at Lucas Heights
Arbitration 2024-04-19 11:22 pm By Christine Caulfield

A judge has shut down a case by Icon against Australia’s nuclear agency over the $27 million construction of a waste treatment plant at Lucas Heights, saying the dispute should be determined by an arbitrator despite the parties waiving pre-arbitration steps.

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High Court to decide if new duty of care for NSW builders is apportionable
Construction 2024-04-18 11:03 pm By Sam Matthews

The High Court is set to weigh in on a challenge to a precedent-setting decision that found breaches of statutory duty under a provision of the Design and Building Practitioners Act are not apportionable, in a case with significant ramifications for the NSW construction industry.

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Acciona hit with second suit over $511M waste-to-energy plant
Construction 2024-04-18 2:37 pm By Sam Matthews

The entity in charge of a $511 million waste-to-energy plant south of Perth has filed a second lawsuit against Acciona, accusing the Spanish infrastructure giant of withholding $38.6 million in bank guarantees to use as leverage in unrelated disputes about the troubled project.

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Laing Oā€™Rourke worker who took on irate Stayz hosts over work party unfairly sacked: court
Employment 2024-04-16 4:13 pm By Cindy Cameronne

A commercial leader at engineering and construction company Laing Oā€™Rourke was unfairly dismissed over false claims he was offensive and aggressive towards Stayz hosts who complained about a late night work party, a judge has found.

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Judge approves GCO in James Hardie class action, says funded cases ‘more expensive’
Class Actions 2024-04-11 2:13 pm By Sam Matthews

A judge has approved a group costs order in a shareholder class action against building materials giant James Hardie Industries, giving firm Echo Law a 27.5 per cent cut of any proceeds from the case.

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Sydney developer Thirdi hits back at class action over alleged shoddy construction
Construction 2024-04-10 1:53 pm By Sam Matthews

Property developer Thirdi has rejected the claims of a class action brought by the owners of lots in an allegedly shoddy townhouse development in Sydney, and has filed a cross-claim seeking an indemnity from its builder.

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