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Ruby Princess COVID-19 outbreak ‘no accident’, class action trial hears
Class Actions 2022-10-12 9:02 pm By Cindy Cameronne

A COVID-19 outbreak aboard the Ruby Princess that left 28 people dead was “something that was very likely to happen” and the cruise should never have sailed, a court heard as a class action trial against Carnival PLC kicked off.

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Court upholds $50M award for Siemens in spat over Qatar transport contract
Construction 2022-09-07 11:45 pm By Cindy Cameronne

A judge has upheld two arbitration awards worth $52 million for German industrial manufacturing giant Siemens against CIMIC-connected BIC Contracting LLC over a contract to build a “people mover system” in Qatar.

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Snap Fitness franchisee loses COVID-19 coverage appeal, but ‘conformity clause’ debate still live
Insurance 2022-08-31 11:30 pm By Christine Caulfield

An appeals court has dismissed a challenge brought by a Snap Fitness franchisee to a ruling that found insurer Lloyd’s could rely on a conformity clause in its policy to deny business interruption coverage to the NSW gym for losses related to COVID-19.

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Fujifilm’s small business contracts riddled with unfair terms, court finds
Competition & Consumer Protection 2022-08-12 12:35 pm By Cindy Cameronne

Dozens of provisions in Fujifilm’s contracts with thousands of small businesses are unfair and unenforceable, a court declared Friday in a case against the office supply company by the Australian Competition and Consumer Commission.

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Judge under fire again, this time for developing own fraud case in bankruptcy spat
Courts 2022-07-20 12:08 am By Christine Caulfield

A court has overturned a ruling by a federal judge repeatedly in the spotlight for his decisions, finding in the latest case that a fraud claim against a property purchaser in a dispute with bankruptcy trustees was a notion developed, pursued and upheld by the judge himself.

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Judge asked by appeals court to explain damages in trade secrets spat
Employment 2022-07-13 11:33 pm By Christine Caulfield

An appeals court has returned a case to a judge it said did not give sufficient reasons for awarding damages in a case brought by flooring company Evagroup against a sales manager who left to launch a competing business.

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ASIC can’t access PwC report at centre of privilege fight with Terracom
Energy & Natural Resources 2022-06-28 11:10 pm By Christine Caulfield

A judge has rejected a bid by the corporate regulator to access an unredacted PricewaterhouseCoopers report commissioned by coal miner TerraCom ahead of a challenge to a decision that cleared the way for the regulator to eye the document as part of an investigation.

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ACCC, Fujifilm ‘close’ to settling case over small biz contracts
Competition & Consumer Protection 2022-06-08 4:14 pm By Cindy Cameronne

The Australian Competition and Consumer Commission is “close” to settling its case against office supply company Fujifilm over allegedly unfair contracts with small businesses, a court has heard.

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High Court to hear Botox trade mark appeal
Intellectual Property 2022-05-18 3:42 pm By Cat Fredenburgh

The High Court has granted special leave to a cosmetic company to challenge a judgment finding it infringed Botox maker Allergan’s trade marks by marketing its topical creams as Botox alternatives.

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TerraCom continues fight to keep PwC report from ASIC investigators
Appeals 2022-04-08 5:06 pm By Miklos Bolza

Coal mining firm TerraCom has taken its bid to shield a PricewaterhouseCoopers report from ASIC to the Full Court, appealing a judgment which found the regulator could view the report because of public statements made by the company.

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