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Equity = equal: Western Power, Ventia must pay same in Parkerville bushfire costs, court says
Energy & Natural Resources 2024-05-22 11:12 pm By Christine Caulfield

Equitable contribution by Western Power, Ventia and a property owner found jointly liable for the same loss resulting from the Parkerville bushfire in WA must be mathematically equal regardless of how the liability was apportioned, a judge has found.

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Baker McKenzie dragged into lawsuit over Armour takeover
Corporate 2024-05-21 2:51 pm By Sam Matthews

Baker McKenzie has been dragged into a court case brought by a shareholder and creditor of failed energy company Armour Group, which alleges the law firm was knowingly involved in a plan by China-based Shunkang Group to take control of the company for cheap.

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Vic Supreme Court can’t prefer own state’s policy in class action transfer bid, High Court told
Class Actions 2024-05-21 11:08 pm By Sam Matthews

Supporting KPMG’s bid to move a class action over the collapse of Arrium from Melboure to Sydney, former directors of the failed steel company have told the High Court the Victoria Supreme Court was impermissibly preferring the policy of its state in finding a contingency fee order made in the case could be factored into a transfer application.

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Environmental laws ā€˜ill-suitedā€™ to dealing with threat of climate change, Full Court says
Environment 2024-05-16 11:52 pm By Cindy Cameronne

An appeals court has dismissed an environmental advocacy groupā€™s challenge to the extension of two Mach Energy and Whitehaven Coal mega coal mines in NSW, saying the current environmental laws are ā€œill-suitedā€ to dealing with the global threat of climate change.Ā 

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Activist groups to appeal order to hand up communications with EDO in Barossa gas case
Appeals 2024-05-15 11:43 pm By Andy Sidler

Activist organisations are seeking to challenge orders to hand up communications with the Environmental Defenders Office in its failed case against Santos over the $5.6 billion Barossa gas project, arguing there was no legitimate forensic purpose for the material sought.Ā 

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Builder canā€™t revive abandoned claims against AGL
Energy & Natural Resources 2024-05-14 11:08 pm By Sam Matthews

Collapsed construction and maintenance company General Trade Industries has lost its bid to revive abandoned claims against AGL in a nearly four-year old contract case over work on two Queensland gas plants, with a judge finding the company has had ā€œmore than a sufficient opportunity to plead its caseā€.

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Class action members have broader limitations protection than lead plaintiffs: appeals court
Class Actions 2024-05-09 2:37 pm By Cindy Cameronne

Group members enjoy broader protection against the running of limitation periods than lead plaintiffs in class actions, an appeals court has said in finding that commercial fishing operators heading a class action against Gladstone Ports could not bring new claims out of time.Ā 

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High Court asked to weigh in on employer’s duty to redeploy before redundancy
Appeals 2024-05-08 11:20 pm By Christine Caulfield

The High Court had been asked to clarify the extent of protection for employers for genuine redundancies under the Fair Work Act, after an appeals court found the exemption was “not absolute”.

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With constitutional issue on cards, Full High Court to hear KPMG’s class action transfer push
Class Actions 2024-05-02 11:41 pm By Sam Matthews

The Full High Court will sit for the hearing of KPMGā€™s battle to transfer a Victoria class action to Sydney, as the applicant in the case raises a question as to the constitutional validity of the firm’s argument that the NSW Supreme Court is bound to keep a group costs order operative.Ā 

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Lawyer’s miscalculation justifies extension in Santos engineer’s unfair dismissal case, FWC says
Employment 2024-05-01 1:43 pm By Sam Matthews

A former engineer with Santos has won a bid for more time to bring a claim against the energy giant, with the Fair Work Commission finding ā€œan error in arithmeticā€ by her lawyer was a reasonable explanation for the out-of-time filing.

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