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Grocon can’t shield legal advice over Barangaroo sight lines
Construction 2023-09-25 2:21 pm By Sam Matthews

Grocon has taken a hit in its $270 million lawsuit against Infrastructure NSW over a stalled $2 billion Central Barangaroo development project, with a judge finding the developer’s CEO waived privilege over legal advice it received on the sight line rights of Lendlease and Crown.

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NAB ordered to pay ‘woefully insufficient’ penalty in ASIC fee case
Financial Services 2023-09-22 10:02 am By Cindy Cameronne

A judge has ordered National Australia Bank to pay just one-fifth the $10 million penalty proposed by ASIC for overcharging customer fees, taking aim at the regulator’s concise pleading and saying the maximum penalty he could order was “woefully inadequate”.

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Compensation for Privacy Act breaches requires class members to prove loss: judge
Privacy & Cybersecurity 2023-09-18 4:35 pm By Sam Matthews

Victims of privacy breaches must demonstrate actual loss and damage to be eligible for compensation, according to a judge who has given asylum seekers who secured a ruling from the Privacy Commissioner a second chance at proving loss from the public disclosure of their personal information.

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Mount Pleasant mine engineers can’t shield legal advice on loss in $270M feud
Energy & Natural Resources 2023-09-14 1:17 pm By Cindy Cameronne

Engineering firms G&S Engineering and DRA Global have lost their bid to shield legal advice by McCullough Robertson on whether they were liable to MACH Energy for indirect losses while building a coal processing plant at Mount Pleasant in South Australia.

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ME Bank pleads guilty to misleading borrowers, says crime didn’t hurt anyone
Financial Services 2023-09-07 11:00 pm By Sam Matthews

Direct bank Members Equity has pleaded guilty to criminal charges over misleading representations to customers, but a judge has questioned the bank’s submissions in favour of a low penalty, noting it was only “happenstance” that a systems glitch didn’t lead to worse outcomes for customers.

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ASIC flags penalty privilege fight with Nuix directors
ASIC 2023-09-06 10:12 pm By Sam Matthews

As it readies its civil penalty suit against tech company Nuix for trial, ASIC has flagged a possible dispute about the extent of penalty privilege pleaded by a handful of former and current directors named in the case.

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Government brings $325M High Court challenge over generic Plavix ban
High Court 2023-08-31 4:18 pm By Cindy Cameronne

A 16-year battle between the federal government and drug maker Sanofi-Aventis over an allegedly unjustified court order that prevented the release of a generic version of blockbuster blood-thinner Plavix has gone to the High Court.

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Virgin class action a lawyers’ feast after judge joins insurers
Business of Law 2023-08-22 12:47 pm By Sam Matthews

A class action against Virgin Australia has become a lawyers’ feast, with seven new firms entering the ring after a dozen insurers were joined to the action alleging the airline failed to disclose its true financial position in a $324 million capital raising prospectus.

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Court approves ‘lower end’ settlement in public housing class action
Class Actions 2023-08-17 9:36 pm By Sam Matthews

A judge has approved a $5 million settlement in a false imprisonment class action against the state of Victoria on behalf of residents of nine public housing towers over COVID-19 lockdowns, despite noting it “falls towards the lower end of the spectrum”.

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Blue Sky director points finger at EY in shareholder class action
Class Actions 2023-08-15 10:55 pm By Cindy Cameronne

A Blue Sky director has pointed the finger at auditor Ernst & Young in a class action alleging the collapsed investment firm misled shareholders by misstating its assets under management. 

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