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Callide power station administrators to blame for delays to DOCA, judge says
Energy & Natural Resources 2024-06-18 4:06 pm By Cindy Cameronne

A judge has rejected claims that an investor in the Callide power station, which suffered a major failure in 2021, was responsible for delays in the administration of the station’s operator IG Power, saying the administrators’ ten month delay in investigating the incident was to blame.

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Callide explosion report commissioned by Norton Rose not privileged, court says
Energy & Natural Resources 2024-06-13 11:40 pm By Cindy Cameronne

A report into an explosion at a major Queensland power station that left nearly half a million people without power is not protected by legal professional privilege, with a judge finding public statements about the report show it was not commissioned for the dominant purpose of providing legal advice.

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Pfizer calls out ‘impermissible fishing expedition’ in fight over Enbrel biosimilar
Intellectual Property 2024-06-05 10:17 pm By Andy Sidler

Drug giant Pfizer has blasted Samsung Bioepis’ “fishing expedition” in its suit alleging infringement of the patent for its blockbuster arthritis drug Enbrel, telling the court the Korean biotech should not be allowed to dig for new grounds of invalidity.  

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Privilege ruling in Noumi case could hamper ASIC investigations, regulator says
Appeals 2024-05-30 2:47 pm By Cindy Cameronne

ASIC has argued a recent ruling that found Noumi waived privilege over a PwC report by providing it to the regulator could dissuade people from voluntarily disclosing information during investigations and cause a “loss of public benefit” if allowed to stand. 

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Noumi, ASIC fight ruling that privilege over PwC report waived during probe
Appeals 2024-05-28 11:27 pm By Cat Fredenburgh

Noumi and ASIC are challenging a finding that the food manufacturer waived legal professional privilege over a PricewaterhouseCoopers report commissioned by its lawyers at Ashurst by disclosing the report during an ASIC investigation.

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Hastie liquidators lose appeal bid in $63.5M case against Multiplex, others
Construction 2024-05-27 2:34 pm By Cindy Cameronne

The liquidators of collapsed engineering company Hastie Group have lost their bid to appeal a decision that knocked out half its $120 million case against Multiplex, Lendlease and numerous other builders.

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Former HWL Ebsworth client can’t seek additional $22.8M after negligence finding
Business of Law 2024-05-14 11:32 pm By Cindy Cameronne

A former HWL Ebsworth client has lost his argument that the firm must reimburse him for $22.8 million in expenses and interest after a judge found the law firm was negligent in advising on a joint venture contract for a Sydney land development, which allegedly lost him $130 million. 

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High Court asked to weigh in on client’s burden of proof in HWL Ebsworth negligence case
Business of Law 2024-05-07 11:48 pm By Cat Fredenburgh

The High Court has been asked to weigh in on whether a client needs to prove it could have exploited a lost commercial right in order to prevail in a law firm negligence case, after HWL Ebsworth successfully appealed a decision that found its bad advice over property in Parramatta’s ‘Auto Alley’ cost a client $2 million.

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Full Court awards $24.5M commission to 7-Eleven class action funder
Appeals 2024-05-02 3:33 pm By Sam Matthews

The Full Federal Court has found the court’s recently-affirmed power to make common fund orders at settlement means the litigation funder that backed two class actions against 7-Eleven is entitled to a $24.5 million cut from a $98 million settlement, in a decision that slammed the parties for a settlement approval process that “went off the rails”, costing group members $2.5 million.

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Funder hit with costs of failed IP case over parking detection patent
Intellectual Property 2024-05-01 3:24 pm By Cindy Cameronne

The litigation funder that bankrolled a patent infringement case by a vehicle monitoring systems manufacturer is on the hook for legal costs after technology company SARB succeeded in appealing a finding that it infringed the IP for a parking detection system used by the City of Melbourne. 

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