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Ex-BCEG directors claw back costs after shaving $12.5M off judgment
Construction 2023-05-04 2:43 pm By Sam Matthews

Two ex-directors of Chinese construction and engineering firm BCEG who were found to have defrauded the company have succeeded in clawing back a portion of their costs of a partially successful appeal which reduced the amount owing to their former employee by around $12.5 million.

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Lawyer who filed defence in losing case wins appeal of personal costs order
Appeals 2023-04-27 3:13 pm By Christine Caulfield

A lawyer’s role in litigation is not to draw conclusions on the existence of facts or the outcome of a case, an appeals court has ruled in throwing out a personal costs order against a solicitor for filing a defence in a case his client ultimately lost.

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Scenic Tours can’t dodge $10M damages ruling in cruise class action
Competition & Consumer Protection 2023-04-20 10:45 pm By Sam Matthews

Cruise operator Scenic Tours is stuck with a $10 million damages bill but has avoided paying for disappointed traveller’s flights, after an appeals court mostly rejected its appeal of an award to travellers who were promised a “once in a lifetime cruise along the grand waterways of Europe” but were instead forced to take the bus.

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ACCC appeals ruling from judge who ‘gagged’ at proposed $5M Employsure penalty
Appeals 2022-01-14 11:58 am By Cat Fredenburgh

The ACCC will seek a higher penalty against Employsure over misleading Google advertisements, after a judge found the consumer regulator’s proposed $5 million penalty was inappropriate and instead ordered the specialist workplace relations consultancy to pay $1 million.

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‘Capricious’ conduct by Morrison government dooms Beetaloo gas contract
Energy & Natural Resources 2021-12-23 5:42 pm By Miklos Bolza

A judge has voided contracts between the Morrison government and a subsidiary of Empire Energy for gas exploration in the Beetaloo Basin after finding the decision to enter the agreement in the midst of litigation was “legally unreasonable or capricious”.

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Judge ‘gags’ at ACCC’s proposed $5M penalty in Google ads case against Employsure
Competition & Consumer Protection 2021-11-10 2:46 pm By Bianca Hrovat

A judge said he “gagged” at the Australian Competition and Consumer Commission’s proposed $5 million pecuniary penalty in its case against specialist workplace relations company Employsure over six misleading Google ads.

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Beetaloo gas exploration was approved to ‘stymie’ climate change case, judge told
Climate change 2021-11-02 9:14 pm By Miklos Bolza

The Morrison government decision’s to enter into a contract with a subsidiary of Empire Energy for gas exploration in the Beetaloo Basin was an effort to “stymie” climate change litigation brought against the federal resources minister, a court has heard.

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Developer wins GST class action appeal despite misleading investors
Real Estate 2021-10-25 5:53 pm By Miklos Bolza

A Canberra property developer that misled investors about GST on its apartments does not have to pay compensation to the lead applicant in a class action against it, an appeal court has found.

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ATO wins info on 1,500 tax docs, teeing up potential privilege battle with CUB
Tax 2021-09-21 5:44 pm By Miklos Bolza

Iconic Australian beer manufacturer Carlton & United Breweries has lost an appeal seeking to shield information about 1,500 allegedly privileged documents from the Australian Taxation Office.

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Judge slams government for lacking ‘common courtesy’ in Beetaloo climate change case
Energy & Natural Resources 2021-09-14 3:28 pm By Miklos Bolza

A judge has rebuked the Morrison government for approving a gas exploration contract with a subsidiary of Empire Energy in the Beetaloo basin without notifying the environmental organisation leading a climate change lawsuit over the project.

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