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Court finds billionaire mining heiress engaged in fraud and deceit but tosses lawsuit
Estates 2021-07-02 9:50 pm By Miklos Bolza

The Supreme Court of Western Australia has thrown out a lawsuit against billionaire mining heiress Angela Bennett and her brother Michal Wright over the estate of their father, mining magnate Peter Wright, despite finding the siblings breached their fiduciary duty and engaged in deceit and fraud.

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S&P class action applicant resists paying security for ratings agency’s costs
Class Actions 2021-06-29 5:13 pm By Christine Caulfield

A fight is looming over a bid by S&P Global for a class action applicant to pay security for the legal costs of defending the litigation, with the applicant arguing it shouldn’t have to fork over anything.

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Insurers’ challenge to COVID-19 business interruption claims rejected by High Court
COVID-19 2021-06-25 4:36 pm By Christine Caulfield

The High Court has rejected a bid by a group of insurers to weigh in on a test case against COVID-19 related claims in business interruption policies, following a high stakes loss in the NSW Court of Appeal, which found an infectious disease exclusion did not apply.

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Law firms send Sydney lawyers home as mask mandate takes effect
COVID-19 2021-06-24 10:59 pm By Cat Fredenburgh

Law firms are ordering staff in their Sydney offices to work from home if possible and avoid face-to-face meetings as the state’s new rules requiring masks at all indoor workplaces takes effect.

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Intellectual freedom a ‘foundational’ principle, sacked climate skeptic professor tells High Court
High Court 2021-06-23 11:45 pm By Cat Fredenburgh

Sacked climate skeptic professor Peter Ridd brought his case challenging his dismissal by James Cook University to the High Court on Wednesday, with a lawyer for Ridd telling the justices that his sacking was unlawful because intellectual freedom was a “foundational’ principle that could not be subordinated to the university’s code of conduct.

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Nudie Juice family wants court to extinguish judgment debt
Restructuring & Insolvency 2021-06-23 2:26 pm By Cindy Cameronne

Members of the Binetter family have sued the trustees of a Nudie Juice co-founder Emil Binetter’s estate for settlement details over debts claimed against the family in a bid to extinguish any judgment debt against the estate, a court has heard.

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Vic hospital operator points finger at junior doctors in underpayments class action
Employment 2021-06-22 4:25 pm By Cat Fredenburgh

Victorian public healthcare provider Peninsula Health has hit back at an underpayments class action brought by junior doctors, saying it was up to them to seek authorisation and payment for any overtime hours worked.

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Full Court upholds Sequenom’s win in patent battle over prenatal genetic tests
Intellectual Property 2021-06-21 6:34 pm By Miklos Bolza

The Full Federal Court has upheld US biotech company Sequenom’s  patent for a noninvasive prenatal genetic test, rejecting rival Ariosa Diagnostic’s argument that the patent merely described a way to extract incorporeal genetic information.

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Judge tosses plaintiff’s case in first Takata airbags class action to face trial
Class Actions 2021-06-18 11:38 pm By Christine Caulfield

In a major defeat that could affect the fate of six other cases lined up behind it, a judge has dismissed the lead plaintiff’s claims in a class action against Volkswagen over deadly Takata airbags.

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NAB wins $43M judgment against ex-Dick Smith director but receivers walk away empty handed
Restructuring & Insolvency 2021-06-15 4:47 pm By Miklos Bolza

A judge has awarded $43 million to National Australia Bank in its lawsuit against former directors of failed retailer Dick Smith, but threw out claims against company directors brought by HSBC and the retailer’s receivers.

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