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Promise did not seal contract, judge says in tossing Cirrus case over NZ Defence Force training
Contracts 2024-07-15 11:32 pm By Sam Matthews

A judge has tossed a contract claim brought against aircraft maintenance company Hawker Pacific by scorned subcontractor Cirrus RTPS, finding that a purported agreement surrounding a joint bid for services offered by the New Zealand Defence Force was not intended to be binding.

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Talent manager files appeal in Angus & Julia Stone’s $2.8M lawsuit
Entertainment 2024-07-15 11:02 pm By Cindy Cameronne

UK talent management company TaP Management has filed an appeal after a judge dismissed its bid to permanently stay a case by Australian musical duo Angus & Julia Stone, who allege their former manager overcharged them by $2.8 million. 

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Fortescue accused of ‘extraordinary invasion of privacy’ of start-up trio
Intellectual Property 2024-07-12 11:15 pm By Christine Caulfield

Seeking to quash search orders won by metals company Fortescue against former employees who founded a green iron rival, a lawyer for the start-up has said three terabytes of data were indiscriminately copied, including confidential, privileged and irrelevant material.

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COVID-19 business interruption class actions ‘manufacturing a controversy’, says insurer
Class Actions 2024-07-12 11:04 pm By Cindy Cameronne

Four insurers have argued that class actions over alleged business interruption losses during the height of the COVID-19 pandemic should be de-classed, with one insurer saying group members cannot “go behind” a Full Court decision denying coverage for certain policyholders.

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Judge to consider rare step of ordering costs against Shane Heal in failed Fair Work case
Employment 2024-07-12 11:29 pm By Sam Matthews

A judge is considering the extraordinary step of ordering costs against basketball coach Shane Heal in his failed Fair Work case against the Sydney Flames, saying the case was “very much on the margin” of constituting an exception to the no-costs rule. 

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Activist investor loses challenge to Atanaskovic Hartnell’s $300,000 bill
Business of Law 2024-07-11 11:05 pm By Cindy Cameronne

Keybridge Capital chief executive officer Nicholas Bolton has lost his appeal of a costs review panel decision that saddled him with a legal bill of $308,940 for work done by Atanaskovic Hartnell for his company in a dispute with Brookfield Multiplex.

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With no evidence but ‘years of experience’, judge refuses costs order against failed litigant
Contracts 2024-07-11 11:55 pm By Cat Fredenburgh

A judge has tossed an unconscionable conduct case against IT company IT&C, but declined to order costs against the individual applicant, citing his “many years of experience”, but no firm evidence, in support of a finding that the order would harm the man’s mental health.

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EnerMech wins appeal in $10M feud with Acciona over Westconnex tunnel construction
Construction 2024-07-11 11:53 pm By Sam Matthews

Subcontractor EnerMech has won an appeal in its fight against Acciona over a $10 million progress payment for work on the Westconnex M4-M5 link, with an appeals court finding the question of whether EnerMech’s claim was a payment claim for construction work was a matter for an adjudicator, not the court.

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Champagne growers drop trade mark challenge on eve of trial
Intellectual Property 2024-07-11 11:23 pm By Cindy Cameronne

The French association representing wine producers from Champagne has discontinued its lawsuit against an Australian retailer after it agreed to only use seed extract from the Champagne region of France. 

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Contingency fee ruling may face serious scrutiny in a High Court challenge, experts say
Analysis 2024-07-10 11:55 pm By Christine Caulfield

Although carefully reasoned, last week’s landmark judgment by the Full Federal Court finding power to grant contingency fees to class action solicitors has placed the question of statutory authority to award settlement common fund orders on more unsteady ground than before, experts say.

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