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Construction PRO
Builder Mossop loses ‘misconceived’ appeal in dispute with Contek
Construction company Mossop has lost an appeal of a decision for concreter Contek, with an appeals court upholding a judgment accounting for all payment claims in the case, even those subject to agreement before trial.
Construction PRO
Couple misled by NSW builder over cladding wins $500K
In the final chapter of a years-long fight, an appeals court has ordered a NSW prefab home builder to pay almost $500,000 in damages after finding it engaging in misleading and deceptive conduct to convince a couple to vary their contract to allow the use of cladding they had previously rejected.
BHP can’t halt same job, same pay decision pending appeal
Mining giant BHP and its in-house labour hire subsidiary have failed in their Federal Court bid to stay same job, same pay orders by the Fair Work Commission ahead of an appeal.
AFL concussion class action survives declassing bid
A judge has rejected applications by the AFL and the Geelong Football Club to declass a concussion class action, but has ordered an initial trial that will cover only a fraction of the 38-year claim period in the case.
Fortescue, Element Zero come to blows over discovery again, raising judge’s ire
A judge has expressed frustration over the fourth discovery fight this year in Fortescue’s trade secrets case against Element Zero, as the green iron startup claims its bigger rival is trying to drag out the litigation.
Developer wins bid to drop out of cladding class action, one year after trial
The developer of a tower in Mascot which is said to contain combustible cladding can opt out of a class action against 3A Composites and Halifax to bring its own claim for $15 million.
AMCI founder’s sacking of Australian boss not valid, court says
In the latest chapter of a feud between billionaires Fritz Kundrun and Hans Mende, the co-founders of global commodities firm AMCI, a court has found the sacking of the group's Australian managing director was invalid.
Multi-employer bargaining appeal by Peabody, Whitehaven dismissed
An appeals court has thrown out challenges by three mining giants to a Fair Work Commission decision that requires them to bargain together with a group of employees and their union.
Vehicle Monitoring must choose now between damages, account of profits in IP spat
A judge has ordered tech company Vehicle Management Systems to hurry up and choose between damages or an account of profits in its IP dispute with the city of Melbourne over a sensor-based system for timing parked vehicles.
Declassing bid fails in class action over ‘cookie cutter’ legal advice
The peak body for community legal centres has lost its bid to declass a class action alleging survivors of institutional child sexual abuse who settled their claims under the National Redress Scheme were given negligent ‘cookie cutter’ legal advice.