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Uber appeals ‘overbroad’ ruling in fight over privileged documents
Class Actions 2022-07-18 5:03 pm By Sam Matthews

Uber is challenging a ruling that found many email exchanges with its lawyers were made in furtherance of offences and were not protected by legal professional privilege, saying it would be forced to hand over to a class action “bog standard” legal advice.

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Readymix could be pulled into $300M case over ‘defective’ Lane Cove development
Construction 2022-07-07 4:19 pm By Sam Matthews

A judge has indicated that he may allow concrete supplier Readymix to be drawn into a five-year-old dispute over alleged defects in the construction of Sydney’s billion-dollar Lane Cove tunnel.

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Funder drops ‘uneconomic’ GST class actions after High Court snubs special leave bid
Class Actions 2022-07-05 4:05 pm By Cat Fredenburgh

A judge has signed off on the discontinuance of two class actions against Canberra property developers for allegedly misleading investors about GST on their apartments, after the High Court declined to review a ruling that made the cases “uneconomic” for the funder to pursue.

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Tegan George forced to regroup with sex discrimination claims against Ten
Employment 2022-07-05 4:15 pm By Sam Matthews

A judge has told journalist Tegan George to rework her sex discrimination claims against Network Ten, following an interlocutory stoush over her claims that the network’s Canberra bureau, led by high profile political reporter Peter van Onselen and executive editor Anthony Murdoch “was a workplace that was hostile to women.”

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Law firms must come clean when drafting expert reports
Legal Ethics 2022-07-04 10:33 pm By Sam Matthews

A judge’s recent ruling throwing out an expert report in a trade secrets case because the law firm briefing the expert had failed to disclose its involvement in preparing the evidence is a stark reminder to solicitors their paramount duty is to the court, not to their client.

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Photo of signed contract suffices, judge finds in $7M win for Japan’s Mitsui
Contracts 2022-07-04 2:09 pm By Sam Matthews

A judge has found that a partly obscured photo showing a signature was enough to render a contract enforceable, in a multi-million dollar contract fight between Mitsui & Co and a Victorian steel mill operator.

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Defendants rail against pleadings in 5-year-old Lane Cove Tunnel dispute
Construction 2022-06-30 9:37 pm By Sam Matthews

A judge has indicated he will allow the operator of Sydney’s Lane Cove Tunnel to amend its pleadings in a lawsuit against Thiess, John Holland and CIMIC over alleged defects in the construction of the billion-dollar tunnel.

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Virgin ordered to hand over insurance details in shareholder class action
Class Actions 2022-06-29 11:12 pm By Cat Fredenburgh

Virgin Australia has been ordered to disclose whether its insurer has agreed to indemnify it for any liability it may have in a shareholder class action over a prospectus for a $324 million capital raising just months before it filed for administration.

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William Inglis & Son waived privilege over Norton Rose Fulbright emails in land spat
Real Estate 2022-06-28 4:54 pm By Sam Matthews

Australia’s oldest thoroughbred auctioneer William Inglis & Son waived legal professional privilege over advice from its solicitor Norton Rose Fulbright over contamination of land it bought in 2009, a judge has found.

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Law firm went ‘far beyond permissible scope’ of involvement in expert report, court says
Business of Law 2022-06-27 6:40 pm By Sam Matthews

The conduct of Corrs Chambers Westgarth in the preparation of an ostensibly independent expert report in a trade secrets case “must not be repeated”, a judge has said, throwing out the expert’s evidence as potentially tainted by the law firm’s involvement.

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