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‘Alarming consequences’ if each building warranty breach creates new claim, court says
Construction 2022-08-26 11:27 pm By Sam Matthews

A judge has ruled that separate breaches of statutory building warranties do not create individual causes of action, in a win for an owners corporation bringing claims against the builder of an allegedly defective Haymarket apartment building.

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Biggin & Scott shouldn’t be liable for ‘indifference’ to source code infringement, High Court told
High Court 2022-08-22 2:47 pm By Cat Fredenburgh

Biggen & Scott should not be held liable for copyright infringement for its supposed “indifference” to the copying of real estate marketing platform Campaigntrack’s source code by a developer, the real estate agency group argues in a special leave application to the High Court.

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Judge approves $52M settlement in Takata airbags class actions
Class Actions 2022-08-15 11:38 pm By Cat Fredenburgh

A judge has approved a $52 million settlement is six class actions against car makers for allegedly selling cars fitted with deadly Takata airbags, under which individuals group members will get around $600 after $31.7 million in expenses is deducted.

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Mazda’s conduct not just ‘appalling customer service’ but unconscionable, ACCC says
Competition & Consumer Protection 2022-08-02 11:37 pm By Christine Caulfield

A judge was wrong to find that Mazda’s treatment of customers with faulty vehicles was appalling but not unconscionable, and nowhere in his ruling is there an explanation for the distinction, the consumer regulator has told an appeals court.

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Insurers off hook over coverage for CIMIC Iraq bribery cases
Insurance 2022-07-27 2:02 pm By Sam Matthews

A judge has slashed engineering services firm CIMIC Group’s ten insurance claims in half, finding that the company failed to notify five insurers of a handwritten document dubbed the “Iraq file note” in relation to its claims for coverage of costs arising from allegations it engaged in corrupt practices, including bribing Iraqi officials.

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Mascot Towers owners settle with developer of neighbouring building
Construction 2022-07-12 7:31 pm By Cindy Cameronne

Owners in Sydney’s Mascot Towers have struck a deal with the developer that built a neighbouring property, in a lawsuit seeking more than $15 million in damages over alleged structural cracks that made their apartments unlivable.

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Biggin & Scott infringed copyright by copying source code, Full Court finds
Appeals 2022-07-07 4:52 pm By Christine Caulfield

Real estate marketing platform Campaigntrack has won an appeal of a ruling in an important copyright case over its cloud-based software that accused real estate agency group Biggin & Scott of authorising reproduction of the software’s source code.

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Mills Oakley brings on HWL Ebsworth partner to launch cyber risk and insurance practice
Business of Law 2022-06-23 1:36 pm By Christine Caulfield

Law firm Mills Oakley is launching a cyber risk and insurance offering spearheaded by former HWL Ebsworth partner Jason Symons.

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Hutchinson’s ‘monstrous’ claim survives in case over $153M Port Melbourne development
Real Estate 2022-06-22 10:00 pm By Cindy Cameronne

Construction giant Hutchinson has succeeded in bringing claims against a related entity of a Port Melbourne property developer over a $153 million project after alleging the developer was a “company of straw” that had no assets.

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Mills Oakley snags employment law bigwig from King & Wood Mallesons
Business of Law 2022-06-08 11:30 am By Cat Fredenburgh

Mills Oakley has poached a leading employment law partner from King & Wood Mallesons for its growing workplace relations team.

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