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Arbitration clause sending shipping dispute to UK not void, High Court finds
Arbitration 2024-02-14 11:37 pm By Cat Fredenburgh

Adani subsidiary Carmichael Rail has lost its High Court challenge seeking to have a dispute over damaged steel rails heard in Australian Federal Court rather than by an arbitrator in London.

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Freight operators have a cow over port direction holding up vessel with $5.2M in cattle
Agriculture 2024-02-09 9:06 pm By Sam Matthews

Two marine freight companies have lost a fight with a local council which refused to allow it to unload 3,000 head of cattle at Apollo Bay in Victoria, with a judge finding they were “the architects of their own misfortune” for striking a deal with a beef company before securing permission to berth at the port. 

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Qube can draw on $7M in spat with Martinus over interstate rail project
Transportation & Infrastructure 2024-01-26 3:12 pm By Christine Caulfield

Martinus Rail cant stop logistics company Qube from calling on $7 million in bank guarantees as part of a dispute over the construction of the Moorebank Interstate Intermodal terminal and rail project, after a judge rejected the argument that drawing on the funds would contravene the Security of Payment Act.

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Sydney light rail class action judge fears ‘opening a can of worms’ in siloing funder’s 40% cut
Class Actions 2023-12-13 9:05 pm By Cindy Cameronne

The lead plaintiff in a class action over Sydney’s light rail construction, who is seeking a $3 million judgment, has brought a novel bid for the NSW government to pay a funder’s 40 per cent commission as damages, rather than as a deduction from the amount owed to group members.

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Qantas stands by defence in ghost flights case
Competition & Consumer Protection 2023-12-04 9:54 pm By Cat Fredenburgh

Qantas has hit back the ACCC’s argument that the airline failed to respond to key allegations in its ‘ghost flights’ case, telling the court it’s the regulator’s job to particularise its claims.

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India may take ruling over foreign state immunity waiver to High Court
Arbitration 2023-11-10 11:03 am By Sam Matthews

The government of India has flagged a possible special leave application if it loses its appeal of a decision finding it can’t avoid a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites because it waived its foreign state immunity.

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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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India can’t avoid $111.3M arbitral award over aerospace investments
Arbitration 2023-10-24 4:16 pm By Cindy Cameronne

The Indian government has lost its bid to dodge a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites, with a judge finging the country waived its foreign state immunity. 

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High Court finds Victoria’s electric car tax invalid
High Court 2023-10-18 12:54 pm By Cat Fredenburgh

The High Court has struck down a Victorian tax on electric cars, finding the state usurped powers held only by the federal government.

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Ex-Qantas worker tries again to bring discrimination suit
Employment 2023-10-02 11:26 pm By Cat Fredenburgh

A former Qantas worker looks set to appeal a judgment that found she can’t undo a $75,000 settlement in a workers compensation claim in order to pursue a discrimination suit against the airline.

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