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Saddled with resigning judge’s unfinished case, colleague spares no feelings
Courts 2023-07-21 11:28 pm By Christine Caulfield

A judge has resigned before delivering judgment in litigation that went to trial in 2020, and the colleague assigned the unenviable task of issuing a ruling has taken a swipe at his departing peer, noting the absence of medical or other evidence to explain her “unwillingness” to see the case through.

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Fairfax wants Seven, Herbert Smith Freehills emails in Ben Roberts-Smith case
Defamation 2023-07-21 2:11 pm By Cindy Cameronne

Seven Network and law firms Herbert Smith Freehills and Addisons are fighting Fairfax’s bid for communications relating to Ben Roberts-Smith’s unsuccessful defamation case, as the publisher seeks its significant defence costs. 

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Judge orders ‘soft’ class closure in flex commissions class actions
Class Actions 2023-07-21 10:53 pm By Cindy Cameronne

Westpac, Macquarie and ANZ have won soft class closure orders ahead of mediation in three class actions over flexible commissions schemes after a judge found they will improve the chances of settlement.  In a judgment handed down on Thursday, Victoria Supreme Court Justice Lisa Nichols ordered that group members have to formally register in the…

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Court throws out decision on nuclear waste facility location
Energy & Natural Resources 2023-07-21 10:25 pm By Gareth Baker

A court has set aside former Federal Minister for Resources Keith Pitt’s decision to develop a nuclear waste facility in Napandee in South Australia’s Eyre Peninsula, saying a fair-minded observer may have perceived that Pitt was biased in selecting the site over two other proposed locations. 

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Administrator can’t claw back security for costs in case by failed company
Restructuring & Insolvency 2023-07-21 1:16 pm By Sam Matthews

A judge has rejected a bid by the administrator of a collapsed company to claw back a payment of security for costs made in earlier litigation, which he found did not give rise to a relevant security interest.

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Judge mulls order to block rival IG Markets class action from filing in Victoria
Class Actions 2023-07-20 10:20 pm By Sam Matthews

A Federal Court judge overseeing a class action against IG Markets over risky financial products has questioned whether courts should take a “more robust” approach to avoid the “nonsense” of competing class actions, amid the threat of a second class action being filed in the Supreme Court of Victoria.

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PwC partner wins court order barring forced departure amid leaks crisis
Tax 2023-07-20 3:42 pm By Cindy Cameronne

A PricewaterhouseCoopers partner who is suing the accounting firm for giving him the boot over a tax leaks scandal has won an interim injunction restraining the board of partners from forcing him to leave before his case is heard.

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Federal Court rejects ToolGen’s genome editing patent
Intellectual Property 2023-07-20 9:49 pm By Cindy Cameronne

A judge has upheld findings from IP Australia that South Korean biotech ToolGen’s genome editing technology CRISPR is not patentable, but given the company one more chance to seek to amend its application.

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Insurer Vero dragged into class action over combustible cladding
Class Actions 2023-07-20 11:13 pm By Gareth Baker

A judge has ruled insurer Vero can be added to a class action over allegedly combustible cladding, finding removal of the cladding could be considered “property damage” under the wording of an insurance contract with cladding manufacturer Fairview.

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Doctors class action won’t take precedence over union-backed cases
Class Actions 2023-07-19 11:41 pm By Cindy Cameronne

A union representing 54 junior doctors alleging they were systemically underpaid has defeated a bid by NSW Health to stay its case until the determination of a related class action on behalf of tens of thousands of medical officers. 

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