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‘Dog chasing its tail’: Long-running $320,000 costs dispute between solicitor and barrister settles
Business of Law 2024-08-21 4:31 pm By Cindy Cameronne

A Sydney barrister and solicitor have settled a dispute over a $320,000 bill initially estimated to cost $60,000 after an appeals court found two costs agreements were void and held that courts should take a “purposive approach” to the rules governing costs disclosure obligations. 

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Westpac fights bid to ‘get around’ limitation defence in flex commissions class action
Class Actions 2024-08-21 11:11 pm By Sam Matthews

Banks targeted in long-running class actions over flexible commission schemes for car dealers are resisting the plaintiffs’ bid to amend their pleadings to “get around” the defence that certain claims are time-barred.

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High Court asked to clarify importance of disclosure in patent applications
Intellectual Property 2024-08-21 11:02 pm By Sam Matthews

The High Court has been asked to weigh in on whether the Federal Court’s prevailing approach to the disclosure requirements of the Patents Act “imposes too great a burden” on patent applicants.

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Sydney Trains underpayments suit mulls class closure as High Court takes up issue
Employment 2024-08-21 11:08 pm By Cindy Cameronne

An underpayments class action against Sydney Trains has flagged an application to exclude unregistered group members from any settlement, as the High Court steps in to resolve an appellate court split on the power to make class closure orders.

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AG can gatekeep insurance providers for NSW lawyers, appeals court finds
Business of Law 2024-08-21 11:26 pm By Andy Sidler

The NSW appeals court has clarified the operation of the Uniform Law in the state, finding that insurers offering professional indemnity insurance to legal practitioners must be approved by the state’s Attorney General.

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‘Poor in the extreme’: Fishing class action slams NSW’s defence
Class Actions 2024-08-21 11:48 pm By Andy Sidler

A class action accusing the New South Wales government of unfair persecution of  south coast Indigenous groups for engaging in cultural fishing practices has slammed the state’s defence as “poor in the extreme”.

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Fortescue denies IP head told Element Zero founder to delete documents
Intellectual Property 2024-08-20 11:21 pm By Sam Matthews

Fortescue has rejected Element Zero’s “implausible” claims that the start-up’s founder was instructed by the mining giant’s IP manager to access and delete certain documents after his resignation, as it defends allegations that search orders it won over the alleged misappropriation of its confidential information were based on weak evidence.

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Insurers win another fight over COVID-19 business interruption claims
Insurance 2024-08-20 11:26 pm By Cindy Cameronne

Several insurers have won a dispute with two Melbourne businesses about whether an industrial special risks policy can cover losses suffered during COVID-19 lockdowns, with a judge finding the policy did not respond just because there were recorded cases in Melbourne. 

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Court rejects enviro group’s challenge to Mt Pleasant coal mine extension
Environment 2024-08-20 12:32 am By Cindy Cameronne

A environmental group has lost its challenge to the extension of the Mount Pleasant open cut coal mine in NSW operated by MACH Energy, with a judge finding the planning commission considered greenhouse emissions and did not merely pay “lip service” to the issue.

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Conservation group drops challenge to Woodside’s $16.5B Scarborough project
Energy & Natural Resources 2024-08-20 11:08 pm By Christine Caulfield

The Australian Conservation Foundation has reached an agreement with Woodside Energy to drop proceedings over the company’s Scarborough gas project in Western Australia, which alleged the $16.5 billion joint venture could not go ahead until its climate impacts were assessed. 

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