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Solicitor can’t rep client because of conflict risk as potential witness: court
Legal Ethics 2023-05-29 3:08 pm By Cindy Cameronne

A court has barred a law firm from acting in a partnership dispute because one of its solicitors could be a material witness in the case, finding there was a potential conflict between the duty of loyalty the lawyer owed to his clients and his obligation to be honest with the court.

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HWL Ebsworth partner excluded from IPO wants firm head’s emails in $4.4M suit
Business of Law 2023-05-25 11:10 pm By Cindy Cameronne

A former capital partner has called on HWL Ebsworth to produce communications between managing partner Juan Martinez and other members of the management team that allegedly preceded a decision to shut him out of the law firm’s plans to float on the ASX. 

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Destec can use evidence from MinRes feud for possible case against ex-director
Energy & Natural Resources 2023-05-24 2:34 pm By Cindy Cameronne

Mining engineering company Destec has won its bid to use evidence produced in a dispute with Mineral Resources in considering whether to bring a new case against its former director over a lucrative transportation system.

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High Court won’t hear Clive Palmer appeal in $26.6M dispute over unpaid gas bill
Energy & Natural Resources 2023-05-24 2:48 pm By Sam Matthews

The High Court has declined to hear an appeal by Clive Palmer’s Queensland Nickel refinery over a decision ordering it pay $26.6 million for natural gas charges.

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Judge tosses suit over $2M sale of cloud tech provider Experteq
Contracts 2023-05-23 9:32 pm By Sam Matthews

A judge has declined Expert Group’s bid to bring court proceedings about the amount of an earn-out owed under its agreement to sell cloud services provider Experteq IT Services, finding the firm had agreed to resolve the matter by expert determination.

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High Court to weigh in on whether finger pointing allowed in arbitration
High Court 2023-05-22 1:20 pm By Sam Matthews

The High Court has agreed to weigh in on whether proportionate liability defences can be applied in the context of commercial arbitration.

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DRA Global can’t suppress ‘scandalous’ details from ex-CEO’s $9M lawsuit
Employment 2023-05-22 5:53 pm By Cindy Cameronne

DRA Global has failed to keep under wraps passages from its former CEO’s lawsuit which the engineering firm argued would cause “serious reputational and commercial harm” if published.

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‘Shocked’ judge eviscerates Tyro class action settlement
Class Actions 2023-05-19 11:04 pm By Cindy Cameronne

A judge has approved a $5 million class action settlement against payment processor Tyro over a service outage but has shredded the proposed funder payout and legal fees that would have comprised 60 per cent of the sum, calling the costs “outrageous”. 

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Tech exec subjected to DXC’s ‘unreasonable’ 7-year restraint clause wins appeal
Technology 2023-05-16 10:28 pm By Sam Matthews

An appeals court has found a seven-year non-competition clause in US tech giant DXC Eclipse’s agreement with the former director of Melbourne software firm Sable37, which it acquired in 2018, was unreasonable.

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UFG to pay $5M for misleading gym franchisees about ‘near valueless’ businesses
Franchises 2023-05-16 4:24 pm By Cindy Cameronne

The company behind the Ultimate Fighting Championship gym franchise has been ordered to pay $5 million to three franchisees after a judge found it misled them about businesses which were “near valueless” and unlikely to make profit. 

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