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Court tosses GM’s ‘speculative’ bid to declass Holden dealer class action
Class Actions 2021-12-17 6:02 pm By Miklos Bolza

General Motors has lost its bid to de-class a representative proceeding brought by former Holden dealers over its decision to retire the iconic brand, with a judge rejecting the car maker’s “speculative” argument that it would be prejudiced by further lawsuits after the class action was finalised.

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HWL Ebsworth prevails in appeal of negligence case over Willoughby development
Professional Negligence 2021-12-15 5:29 pm By Bianca Hrovat

An appeals court has dismissed an appeal in a professional negligence lawsuit by a New South Wales developer against HWL Ebsworth over a due diligence report that led to the purchase of a $25.5 million parcel of government land at risk of flooding.

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GM facing $9M dealer lawsuit over decision to retire Holden brand
Competition & Consumer Protection 2021-12-14 12:49 pm By Bianca Hrovat

General Motors is facing a lawsuit by a Holden car dealer who allegedly suffered up to $9.26 million in financial loss following the car maker’s decision to pull the iconic brand in Australia.

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Judge steps down from ‘Love Is In The Air’ copyright case
Intellectual Property 2021-12-14 2:19 pm By Miklos Bolza

A judge has recused himself from hearing a dispute over the alleged infringement of the copyright for the disco classic ‘Love Is In the Air’ on the eve of a damages hearing.

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$3.4M lawsuit filed over Melbourne’s North East Link Project
Construction 2021-12-13 9:30 pm By Cindy Cameronne

Construction company Delcon Civil is facing a lawsuit by a subcontractor seeking over $3.4 million in damages for alleged breach of contract relating to work on the North East Link project.

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Deloitte can’t dodge client’s fraud claims, 16 years after alleged conduct
Tax 2021-12-10 10:01 pm By Bianca Hrovat

Accounting giant Deloitte has lost its bid to throw out a former client’s lawsuit alleging negligence and fraud over a failed interposition under tax law that occurred more than 16 years ago.

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Sunwater loses dispute with Liberty over coverage for Queensland floods class action
Insurance 2021-12-08 3:32 pm By Miklos Bolza

Liberty Mutual Insurance does not have to indemnify dam operator Sunwater for its share of a $440 million settlement of the Queensland floods class action, the NSW Supreme Court has found.

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Full Court throws out ‘mistaken’ judgment on AFT’s Maxigesic ads
Competition & Consumer Protection 2021-12-07 6:18 pm By Miklos Bolza

A judge was “mistaken” to find that AFT Pharmaceuticals’ ads for its painkiller Maxigesic were misleading, with the Full Federal Court ruling there was an adequate scientific foundation for the ads’ claims that the drug provided faster, better pain relief than paracetamol and ibuprofen alone.

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Mercedes-Benz hits back at $650M lawsuit, says dealer agreements not ‘perpetual’
Franchises 2021-12-07 6:38 pm By Miklos Bolza

Mercedes-Benz has responded to a $650 million lawsuit by Australian dealers over its decision to move to a fixed-price agency model, saying it had a “legitimate commercial interest” in making the change and denying that dealer agreements were “perpetual” in their terms.

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‘Whole world of pain’ for solicitors if ex-ANZ trader won privilege spat, judge says
Employment 2021-12-06 3:52 pm By Miklos Bolza

A judge has said if he sides with a former ANZ trader in a privilege dispute with the bank over file notes from 2014 meetings over ASIC’s bank bill swap rate investigations it would create a “whole world of pain” for solicitors claiming privilege over their notes in other cases.

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