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Court throws out decision on nuclear waste facility location
Energy & Natural Resources 2023-07-21 10:25 pm By Gareth Baker

A court has set aside former Federal Minister for Resources Keith Pitt’s decision to develop a nuclear waste facility in Napandee in South Australia’s Eyre Peninsula, saying a fair-minded observer may have perceived that Pitt was biased in selecting the site over two other proposed locations. 

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Administrator can’t claw back security for costs in case by failed company
Restructuring & Insolvency 2023-07-21 1:16 pm By Sam Matthews

A judge has rejected a bid by the administrator of a collapsed company to claw back a payment of security for costs made in earlier litigation, which he found did not give rise to a relevant security interest.

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Judge mulls order to block rival IG Markets class action from filing in Victoria
Class Actions 2023-07-20 10:20 pm By Sam Matthews

A Federal Court judge overseeing a class action against IG Markets over risky financial products has questioned whether courts should take a “more robust” approach to avoid the “nonsense” of competing class actions, amid the threat of a second class action being filed in the Supreme Court of Victoria.

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PwC partner wins court order barring forced departure amid leaks crisis
Tax 2023-07-20 3:42 pm By Cindy Cameronne

A PricewaterhouseCoopers partner who is suing the accounting firm for giving him the boot over a tax leaks scandal has won an interim injunction restraining the board of partners from forcing him to leave before his case is heard.

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Federal Court rejects ToolGen’s genome editing patent
Intellectual Property 2023-07-20 9:49 pm By Cindy Cameronne

A judge has upheld findings from IP Australia that South Korean biotech ToolGen’s genome editing technology CRISPR is not patentable, but given the company one more chance to seek to amend its application.

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Insurer Vero dragged into class action over combustible cladding
Class Actions 2023-07-20 11:13 pm By Gareth Baker

A judge has ruled insurer Vero can be added to a class action over allegedly combustible cladding, finding removal of the cladding could be considered “property damage” under the wording of an insurance contract with cladding manufacturer Fairview.

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Norton Rose snags class action ace from US, elevates arbitration expert
Business of Law 2023-07-20 2:28 pm By Cindy Cameronne

Norton Rose Fulbright has snagged a class action lawyer with decades of US legal experience and elevated an arbitration expert who worked at a New York white shoe law firm to be partners in its Sydney and Perth offices. 

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NSW government on hook for damages in light rail class action
Class Actions 2023-07-19 1:52 pm By Sam Matthews

A judge has found the state of NSW liable to compensate the lead plaintiffs in a class action brought on behalf of small businesses over the “substantial and unreasonable” interference caused by the construction of Sydney’s $3 billion light rail network, but he flagged “significant problems” in applying his findings to thousands of potential group members.

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Doctors class action won’t take precedence over union-backed cases
Class Actions 2023-07-19 11:41 pm By Cindy Cameronne

A union representing 54 junior doctors alleging they were systemically underpaid has defeated a bid by NSW Health to stay its case until the determination of a related class action on behalf of tens of thousands of medical officers. 

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Court not obliged to comply with policies NSW ‘dreams up’, class action judge says
Class Actions 2023-07-19 10:58 pm By Cindy Cameronne

A judge has warned the NSW government that the court does not make orders “subject to [its] internal policies” after the state failed to comply with orders to hand over documents in a class action over police strip searches.

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