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Judge slams ‘everything but the kitchen sink’ approach to Fair Work claims
Employment 2021-09-23 6:46 pm By Bianca Hrovat

A judge hearing a $2 million dispute between a former tenured professor and the University of New South Wales has lamented the lengthy pleadings filed in Fair Work cases, saying “everything but the kitchen sink seems to be thrown in, without any discrimination”.

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Victoria’s EPA ignored climate change law in renewing power station licences, suit says
Environment 2021-09-23 10:58 pm By Christine Caulfield

Victoria’s environment watchdog has been taken to court over its decision to renew the licences of the state’s three remaining coal power stations, a test case under the state’s Climate Change Act and the latest in a series of climate lawsuits.

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Pharmacor challenges patent extension for Biogen’s MS drug
Intellectual Property 2021-09-23 2:14 pm By Bianca Hrovat

An Australian generic drug manufacturer has struck back at patent lawsuit by Swiss pharmaceutical company Biogen, alleging a patent for MS drug Tecfidera is invalid and a that a patent term extension for the drug  was wrongly granted.

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Energy regulator takes Tesla big battery owner to court
Energy & Natural Resources 2021-09-23 5:27 pm By Miklos Bolza

The Australian Energy Regulator has filed court proceedings against Hornsdale Energy Reserve, the owner and operator of the world’s second largest lithium-ion battery, for allegedly failing to provide promised contingency services to avoid power disruptions in 2019.

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Judge won’t let two class actions against Freedom Foods, Deloitte run in parallel
Class Actions 2021-09-22 1:59 pm By Miklos Bolza

A judge has rejected an application by the plaintiffs in two class actions against Freedom Foods and Deloitte to run their cases side-by-side, but said she would have granted a bid to consolidate the proceedings had that been sought.

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Class action mediation ‘pointless’ without unregistered group member data, Pitcher Partners says
Class Actions 2021-09-22 4:30 pm By Christine Caulfield

A judge has refused a bid by accounting firms Pitcher Partners and EY to access share trading data of unregistered group members in a securities class action over advice to Slater & Gordon, despite claims upcoming mediation will be “pointless” without the information.

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Forum Finance director faces $300,000 legal bill, can’t mount defence, court told
Financial Services 2021-09-22 9:42 pm By Cindy Cameronne

A Forum Finance director is unable to file a defence against Westpac’s $400 million fraud case because his former solicitor has refused to hand over case files to his new lawyers until he pays a “remarkable” $300,000 legal bill, a court has heard.

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QBE says infectious disease exclusion applies to COVID-19 claims in Victoria
Insurance 2021-09-22 4:58 pm By Miklos Bolza

While a first test case in NSW rejected insurers’ interpretation of infectious disease exclusions in COVID-19 business interruption policies, potentially putting the industry on the hook for billions of dollars in claims, QBE says the law is on its side in Victoria.

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Judge denies law firm’s bid for indemnity costs, says $2.7M case not ‘hopeless’
Business of Law 2021-09-22 5:10 pm By Bianca Hrovat

A Melbourne law firm has lost its bid for indemnity costs after it failed to convince a judge that its settlement offer to a former client was anything more than a demand to capitulate in a “hard fought” legal battle over a $24.5 million East Melbourne development.

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Gina Rinehart’s daughter loses appeal bid to dodge arbitration over $4B family trust
Energy & Natural Resources 2021-09-22 2:37 pm By Miklos Bolza

The NSW Court of Appeal has refused to grant Bianca Rinehart leave to appeal a decision staying a lawsuit against her mother Gina Rinehart over ownership of a $4 billion family trust.

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