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Litigators of the week: Atanaskovic Hartnell, Marque win wars over words
Courts 2024-11-01 11:16 pm By Cindy Cameronne

A “time poor” judge’s extensive copying and pasting of submissions and an offensive tweet by senator Pauline Hanson were at the centre of the week’s biggest litigation wins.

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ASIC wins case over life insurer’s misleading ‘pre-existing condition’ term
Insurance 2024-10-29 11:04 pm By Cindy Cameronne

ASIC has won its case against insurer HCF Life over a pre-existing condition term that was likely to mislead the public, but failed to convince the court that it was an unfair contract term. 

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The Good Guys hits back at ACCC case over store credit claims
Competition & Consumer Protection 2024-10-14 11:54 am By Andy Sidler

The Good Guys has admitted 21,000 customers were not provided with store credit within the timeframe specified in promotions, but denies the most customers never received the promised credit.

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Commonwealth can’t argue sailors failed to mitigate loss in Navy class action
Class Actions 2024-10-11 11:32 pm By Sam Matthews

In a fight over damages owed to sailors in a class action against the Defence Department, a judge has said the Commonwealth can’t argue certain group members failed to mitigate their losses.

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United Petroleum dodges class action defence until security bid reheard
Class Actions 2024-10-11 11:27 pm By Cat Fredenburgh

United Petroleum and director Ari Silver can wait for the rehearing of a security for costs bid before filing defences to a franchisee class action alleging misleading conduct.

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Court stays Clive Palmer’s challenge to ASIC examination
ASIC 2024-10-09 11:45 pm By Sam Matthews

The CDPP and ASIC have succeeded in staying Clive Palmer’s case challenging the lawfulness of a seven-year-old examination, with a judge finding it would fragment criminal cases against the mining magnate.

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Keystone administrators win $100M freezing order against developer
Construction 2024-09-18 11:46 pm By Cindy Cameronne

A judge has made freezing orders against Melbourne developer City Built and director Robert Filippini, who allegedly received $160 million in investor funds from Keystone Asset Management.

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HWL Ebsworth defeats client’s bid for High Court review in negligence case
Professional Negligence 2024-09-05 11:49 pm By Cat Fredenburgh

The High Court has declined to grant special leave to a former HWL Ebsworth client seeking to revive a decision that found the law firm’s bad advice over property in Parramatta’s ‘Auto Alley’ cost it $2 million.

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Accenture can’t put HR exec’s employment case back in bottle
Employment 2024-09-04 11:26 pm By Cindy Cameronne

Consulting giant Accenture has failed to keep a human resources executive’s claims of Fair Work breaches out of the public eye, with a court finding prior publication of the allegations would render a suppression order pointless.

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Spain loses appeal over security after refusing to pay $200M judgment
Scott Robertson 2024-09-02 2:01 pm By Cindy Cameronne

The Kingdom of Spain must pay $56,000 in security to bring its challenge in a long-running dispute over whether it must pay a $200 million arbitral award to two renewable energy investors. 

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