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Defendants rail against pleadings in 5-year-old Lane Cove Tunnel dispute
Construction 2022-06-30 9:37 pm By Sam Matthews

A judge has indicated he will allow the operator of Sydney’s Lane Cove Tunnel to amend its pleadings in a lawsuit against Thiess, John Holland and CIMIC over alleged defects in the construction of the billion-dollar tunnel.

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Court finds sessional academic lecturer an employee, not a contractor
Employment 2022-06-30 5:14 pm By Cindy Cameronne

In its first decision applying a landmark High Court judgment redefining the test for when a worker is employed, the Federal Court has found a sessional lecturer for a higher education institution was an employee.

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Virgin ordered to hand over insurance details in shareholder class action
Class Actions 2022-06-29 11:12 pm By Cat Fredenburgh

Virgin Australia has been ordered to disclose whether its insurer has agreed to indemnify it for any liability it may have in a shareholder class action over a prospectus for a $324 million capital raising just months before it filed for administration.

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Lawyer’s muffin eating was irrelevant to personal costs order, appeals court says
Appeals 2022-06-29 5:02 pm By Sam Matthews

An appeals court has ruled that a judge was not justified in slapping two lawyers with personal costs, finding she should not have considered alleged poor conduct such as one of the lawyers eating a muffin while appearing during a remote hearing.

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William Inglis & Son waived privilege over Norton Rose Fulbright emails in land spat
Real Estate 2022-06-28 4:54 pm By Sam Matthews

Australia’s oldest thoroughbred auctioneer William Inglis & Son waived legal professional privilege over advice from its solicitor Norton Rose Fulbright over contamination of land it bought in 2009, a judge has found.

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Litigation funder wins transfer bid in fight with class action applicant
Class Actions 2022-06-29 9:59 pm By Christine Caulfield

A litigation funder facing a lawsuit by the lead applicant in a settled class action it financed has won its bid to transfer the case to the Federal Court, where the class action was heard, after a judge said it was the “natural forum” for the dispute.

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Judge to rush trial in Tiwi Islanders challenge to Santos offshore drill plan
Energy & Natural Resources 2022-06-29 2:29 pm By Sam Matthews

Tiwi islanders in a Federal Court challenge to the Barossa offshore gas project have won an expedited trial, but the case won’t be heard before drilling starts in mid-July.

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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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ASIC triumphs in appeal against payday lenders Cigno, BHF
Appeals 2022-06-28 11:36 am By Sam Matthews

ASIC has won an appeal of a judge’s decision that found Gold Coast-based payday lenders Cigno and BHF did not need a licence to issue loans to hundreds of thousands of consumers.

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Law firm wins access to client talks with counsel in negligence case
Professional Negligence 2022-06-28 1:43 pm By Sam Matthews

Mitry Lawyers has won a discovery bid against a former client suing the Sydney law firm for $225,000 over alleged “neglect and incompetence.”

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