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Mystery funder in WestConnex class action can’t escape security for costs
Class Actions 2022-08-10 1:13 pm By Sam Matthews

An appeals court has rejected a bid to challenge a decision forcing an unnamed litigation funder to give $415,000 in security for the NSW governmentā€™s defence costs in a class action alleging the fraudulent acquisition of land for the construction of the $16 billion WestConnex tunnel.

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No secret lawyers brought on for privilege ‘shield’, says judge in Pacific National crash doc stoush
Transportation & Infrastructure 2022-08-05 11:50 pm By Sam Matthews

A judge has ordered Pacific National to hand over safety management system documents in a privilege fight over a deadly 2019 train crash, observing large organisations often bring on lawyers for a privilege “shield”.

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Penalty in ACCC case against Uber off by more than $20M, judge says
Competition & Consumer Protection 2022-07-25 11:07 pm By Sam Matthews

A judge has slammed a $26 million penalty agreed to by Uber and the ACCC as ā€œnot within the rangeā€, saying the impact of the rideshare giant’s misleading conduct appeared to be “trivial”.

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ACCC blesses Aurizon, One Rail merger with sale of east coast assets
Competition & Consumer Protection 2022-07-14 1:27 pm By Christine Caulfield

The Australian Competition and Consumer Commission has given the OK to Aurizon’s proposed $2.3 billion acquisition of rail haulage company One Rail, after accepting a court-enforceable undertaking from Aurizon to sell One Railā€™s east coast business.

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ASIC seeks $15M penalty against GetSwift after ā€˜unprecedentedā€™ offshore move
Securities 2022-07-12 11:01 pm By Cindy Cameronne

ASIC has called for a $15 million penalty against GetSwift and 12-year bans against its directors, who moved the logistics company overseas as the regulator’s enforcement action was on foot, a move the court on Tuesday said was “unprecedented”.

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Readymix could be pulled into $300M case over ā€˜defectiveā€™ Lane Cove development
Construction 2022-07-07 4:19 pm By Sam Matthews

A judge has indicated that he may allow concrete supplier Readymix to be drawn into a five-year-old dispute over alleged defects in the construction of Sydney’s billion-dollar Lane Cove tunnel.

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Defendants rail against pleadings in 5-year-old Lane Cove Tunnel dispute
Construction 2022-06-30 9:37 pm By Sam Matthews

A judge has indicated he will allow the operator of Sydney’s Lane Cove Tunnel to amend its pleadings in a lawsuit against Thiess, John Holland and CIMIC over alleged defects in the construction of the billion-dollar tunnel.

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ACCC may put brakes on Aurizon’s $2.3B bid for One Rail
Competition & Consumer Protection 2022-06-09 9:56 pm By Harry Thomas

The Australian Competition and Consumer Commission has raised preliminary concerns that Aurizon’s proposed $2.3 billion acquisition of rail haulage company One Rail could stymie competition in the NSW and Queensland markets for coal haulage services by rail.

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Qantas takes fight over axing of ground staff to High Court
High Court 2022-06-02 11:23 pm By Cat Fredenburgh

Qantas has asked the High Court to reverse a judgment that found it violated the Fair Work Act by axing 1,800 ground staff partly to prevent them from bringing industrial action.

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Uber appeals ruling it sought legal advice on how not to get ‘caught’
Class Actions 2022-05-31 2:17 pm By Cindy Cameronne

Uber has appealed a ruling that found many of its email exchanges with its lawyers were made in furtherance of offences at the centre of a class action and were not protected by legal professional privilege.

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