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High Court asked to weigh in on Queensland floods class action
Class Actions 2021-10-07 11:25 pm By Cat Fredenburgh

The applicants in the Queensland floods class action have asked the High Court to overturn a judgment which found dam operator Seqwater was not liable because it was functioning as a public authority when operating two dams during the 2011 floods, arguing the case raises important issues about appeals in ‘mega’ litigation.

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Class action by Indigenous Australians says pension age is discriminatory
Class Actions 2021-09-29 3:50 pm By Miklos Bolza

The Morrison government has been hit with a class action on behalf of Indigenous Australians who allege that, because of differences in life expectancy, they do not have fair and equal access to the age pension.

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Energy regulator takes Tesla big battery owner to court
Energy & Natural Resources 2021-09-23 5:27 pm By Miklos Bolza

The Australian Energy Regulator has filed court proceedings against Hornsdale Energy Reserve, the owner and operator of the world’s second largest lithium-ion battery, for allegedly failing to provide promised contingency services to avoid power disruptions in 2019.

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Concrete company knew of prior Opal Tower failure, class action cross-claim alleges
Class Actions 2021-09-15 11:46 pm By Miklos Bolza

Prefab concrete company Evolution Precast Systems failed to install reinforced concrete in Sydney’s ill-fated Opal Tower and knew about a prior failure with one of the building’s panels, engineer WSP Structures alleges in a cross-claim lobbed in a class action on behalf of residents of the tower.

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Ex-CEO to bring derivative lawsuit against Advanced Energy Minerals
Energy & Natural Resources 2021-09-07 11:01 pm By Bianca Hrovat

The former CEO of Advanced Energy Minerals, which specialises in mining high purity alumina to be used in high-demand products like lithium-ion batteries and LED lights, is planning to file a derivative lawsuit accusing the company of oppressive conduct.

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Lockdown didn’t trigger business interruption policy in COVID-19 test case, IAG tells court
Insurance 2021-09-06 10:05 pm By Christine Caulfield

Lockdown orders by the Victorian government and an international travel ban in place last year during the first wave of COVID-19 did not trigger a business interruption clause in an IAG policy at the centre of a test case brought by insurers, a judge heard Monday.

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Court throws out $106M judgment against Adani over Abbot Point fees
Energy & Natural Resources 2021-09-01 4:38 pm By Miklos Bolza

A subsidiary of Indian conglomerate Adani Group has successfully overturned a $106 million judgment against it over access charges for its Abbot Point coal terminal.

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Domino’s class action reluctant to be class closure ‘guinea pig’
Class Actions 2021-08-30 3:21 pm By Miklos Bolza

A judge has again suggested the Full Court should weigh in on whether the court has the power to make class closure orders, but the barrister for the applicant in an underpayments class action against Domino’s Pizza told the judge her client may not want to be the test case.

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Worker ‘heavily medicated’ during settlement can’t amend case against law firms
Employment 2021-08-24 2:04 pm By Miklos Bolza

An IT specialist who claims he was was “heavily medicated” when settling Fair Work Commission claims has lost a bid to amend his pleadings in a workplace injury and negligence case that has ensnared law firms Harmers Workplace Lawyers and Firths.

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High Court won’t hear Auctus appeal over $2.3M R&D tax refund mistake
High Court 2021-08-16 10:58 am By Cat Fredenburgh

Auctus Resources will not be able to hang on to a $2.3 million R&D tax offset refund which the Full Court found was paid by mistake, after the High Court turned down its special leave application.

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