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Construction PRO
Court rejects appeal of $10M judgment for breach of retirement village development deal
Construction 2025-03-12 11:39 pm By Julia Kanapathippillai

The Victorian Court of Appeal has rejected a company’s bid to overturn a decision ordering it to pay nearly $10 million in damages for loss of opportunity in relation to a retirement village development.

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Construction PRO
Favouring ‘light touch’, judge stays suit against Esso, Woodside over Bass Strait royalties
Energy & Natural Resources 2025-02-18 11:37 pm By Sam Matthews

Gas giants Esso and Woodside have won their bid to stay a court case related to a project for extracting hydrocarbons in the Bass Strait, with a judge finding the court should apply a ‘light touch’ when interpreting arbitration agreements.

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Construction PRO
Defunct landbanking scheme Aviation 3030 recovers $1.7M duty from director
Restructuring & Insolvency 2025-01-28 9:45 pm By Cindy Cameronne

The liquidators for landbanking company Aviation 3030 can recover half of a $3.4 million landholder duty from a former director, after a judge found they reaped benefits from indirect ownership in land sold for $135 million in 2018. 

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Construction PRO
Aldi wins fight with Northcote shopping centre over lease
Real Estate 2025-01-10 11:13 pm By Andy Sidler

Budget supermarket Aldi has won its appeal of a tribunal decision which found that upper limits on rental increases fell afoul of the Retail Leases Act.

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World Touring Melbourne wins $2.8M over concert cancelled during COVID pandemic
Competition & Consumer Protection 2024-08-30 11:01 pm By Andy Sidler

The Australian Grand Prix Corporation will pay $2.84 million in damages for losses incurred by concert organisers for the cancellation of the 2020 Melbourne Formula One cup and a related Robbie Williams concert during the COVID-19 pandemic.

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Atomos can pursue case against US-based ex-CEO over relocation costs
Employment 2024-01-12 11:49 pm By Sam Matthews

Atomos’ former US-based CEO — who was fired after she failed to relocate to Melbourne — has lost her fight to stay the video technology company’s lawsuit, with a judge finding the dispute over a bridging loan for the international move should be decided under Australian law.

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Lawyer Alex Elliott seeks recusal of judge in Banksia class action proceedings
Legal Ethics 2020-08-27 2:35 pm By Miklos Bolza

The son of controversial class action lawyer Mark Elliott has hired a big gun barrister to represent him in the Banksia class action proceedings and will be asking the judge overseeing the case against him to step aside.

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Top silk abandons defence, expresses ‘very deep regret’ over conduct in Banksia class action
Class Actions 2020-08-03 6:02 pm By Miklos Bolza

Barrister Norman O’Bryan SC has abandoned his defence of misconduct allegations stemming from the Banksia Securities class action and expressed contrition to the court for his actions.

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Legitimacy of barristers’ $2.65M Banksia class action bill in question, court told
Class Actions 2020-04-20 2:42 pm By Miklos Bolza

Two barristers facing professional misconduct allegations in relation to the Banksia securities class action submitted more than $2.65 million in legal bills without documentation more than five years after the class action was filed and may have done so at the behest of funder Mark Elliott, a court has heard.

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Great Southern investor’s fight over enforceability of Bendigo Bank loan revived on appeal
Class Actions 2020-02-19 3:26 pm By Christine Caulfield

Two investors in failed Great Southern Group managed investment schemes have lost their latest appeal over a controversial class action settlement deed that allowed Bendigo and Adelaide Bank to enforce loans issued to fund their investments. But a third borrower, who denied he was a member of the class action, has been given the greenlight to defend the bank’s recovery proceedings.

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