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Class action would have been ‘infinitely better’ than COVID-19 insurance test cases, judge says
Class Actions 2023-07-26 11:24 pm By Cindy Cameronne

A judge overseeing four COVID-19 business interruption class actions has questioned a decision by insurers to use ten test cases to resolve the issue of whether they had to indemnify policyholders instead of a class action, which would have been binding. 

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Peter van Onselen hit with Ten’s costs after losing contract case
Employment 2023-07-24 11:50 pm By Cat Fredenburgh

A judge has hit former Network Ten political editor Peter van Onselen with costs, after finding he breached a non-disparagement clause in an agreement with the broadcaster by criticising his old employer in an article written for The Australian.

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Saddled with resigning judge’s unfinished case, colleague spares no feelings
Courts 2023-07-21 11:28 pm By Christine Caulfield

A judge has resigned before delivering judgment in litigation that went to trial in 2020, and the colleague assigned the unenviable task of issuing a ruling has taken a swipe at his departing peer, noting the absence of medical or other evidence to explain her “unwillingness” to see the case through.

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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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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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Court’s OK to thumbs-up signature shows perils of toying with emojis
Contracts 2023-07-18 11:00 pm By Christine Caulfield

A judge’s decision that the thumbs-up emoji on a contract constitutes a valid signature is the latest court ruling to find that emojis can amount to acceptance of an offer, and serves as a warning about the downsides of the smiley face and its offspring, experts say.

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$6M suit over Latitude trampoline park share sale thrown out
Contracts 2023-07-18 5:21 pm By Gareth Baker

A Chinese businessman behind the Latitude indoor trampoline park chain has failed in a lawsuit against his Australian co-investor, after claiming a share sale agreement between the two was breached when his partner decided to sell the business to competitor Bounce. 

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HWL Ebsworth slammed for pointing finger at holidaying director in $3.5M negligence case
Professional Negligence 2023-07-17 11:39 pm By Sam Matthews

A Sydney auto company suing HWL Ebsworth over allegedly negligent advice provided in relation to property in Paramatta’s ‘Auto Alley’ has slammed the law firm’s plea of contributory negligence against its holidaying director.

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TEG settles with Rangers in $3M suit over abandoned Sydney tour
Contracts 2023-07-17 4:11 pm By Christine Caulfield

Sports promoters TEG Live and Left Field Live have reached a settlement in a $3 million suit against Scotland’s Rangers Football Club, with the pair announcing a three-year international touring partnership.

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Political reporter Peter van Onselen breached agreement with Ten, court says
Employment 2023-07-14 12:56 pm By Gareth Baker

A court has found that former Network Ten political editor Peter van Onselen breached a non-disparagement clause in an agreement with the broadcaster by criticising his old employer in an article penned for the The Australian.

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