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Aurizon files lawsuit over sale of Genesee & Wyoming’s Australian assets
Transportation & Infrastructure 2019-09-18 3:06 pm By Miklos Bolza

Australian rail freight operator Aurizon has launched a lawsuit against US-based shortline railroad firm Genesee & Wyoming seeking damages over the impending sale of its Australian assets.

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Judge gives ACCC go-ahead to continue case against insolvent Jump
Competition & Consumer Protection 2019-09-10 10:40 am By Miklos Bolza

The Australian Competition and Consumer Commission has won its bid to continue proceedings against the insolvent operator of the Jump! swim school franchise and its director, with a court finding the case was in the public interest.

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Top-tier firm must pay $500K to billionaire for negligence over ‘critical omission’
Legal Ethics 2019-08-30 6:21 pm By Amelia Birnie

A top-tier Australian law firm has been ordered to pay more than half a million dollars in damages for professional negligence, after its billionaire client alleged losses of almost $US37 million following a “critical omission” in legal advice.

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Israel Folau claims termination of rugby contract was restraint of trade
Employment 2019-08-29 9:59 pm By Miklos Bolza

Former Wallabies player Israel Folau has argued that the termination of his $5.7 million contract by a Rugby Australia Tribunal over social media posts in which he made a homphobic slur was an unreasonable restraint of trade.

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Villa owners lose transfer bid in case against Clive Palmer’s Coolum Resort
Real Estate 2019-08-27 9:46 pm By Cat Fredenburgh

The Queensland Supreme Court judge has refused to transfer proceedings by villa owners against Clive Palmer’s abandoned Sunshine Coast resort to the Federal Court, but has also rejected a separate bid by Palmer to shut down the case, which has been dormant for six years.

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You can’t have your contract and eat it: electing not to terminate
Expert Insights 2019-08-23 8:22 pm By Editor

A party to a contract may be precluded from enforcing a contractual right if it has acted in a way that is clearly inconsistent with that right under the doctrine of election. Recently, the NSW Court of Appeal applied the principles of election to a complex factual scenario and the lesson from the decision is this — if you have a right to terminate a contract, you should expressly communicate your intentions to the other party as soon as possible after the right to terminate enlivens, says McCabe Curwood managing principal Andrew Lacey.

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Crown settles Sydney Harbour views dispute with NSW
Appeals 2019-08-19 3:01 pm By Miklos Bolza

Crown Resorts and Lendlease have settled a dispute with the NSW government over access to unblocked harbour views from the $2.2 billion Crown Sydney Hotel Resort currently being constructed in the city’s Barangaroo area.

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ICAP scolded for ‘interlocutory skirmishes’ in employee poaching spat
Employment 2019-08-14 3:57 pm By Miklos Bolza

A judge has criticised two units of global finance firm TP ICAP Group for “unnecessary and over technical interlocutory skirmishes” as they seek damages from two employees who jumped ship to a competitor and allegedly tried to poach staff.

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$6M Bank of Queensland class action settlement one claim under insurance policy, appeals court says
Insurance 2019-08-06 9:19 pm By Miklos Bolza

An appeals court has found insurers AIG Australia and Catlin Australia have to cover part of a $6 million settlement agreed to by Bank of Queensland last year in a class action brought by investors in a multimillion dollar Ponzi scheme by jailed fraudster Bradley Sherwin.

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Potato wholesaler Mitolo to pay $240,000 penalty in ACCC’s unfair contract case
Competition & Consumer Protection 2019-08-02 12:09 pm By Christine Caulfield

Australia’s largest potato wholesaler Mitolo Group will pay a penalty of $240,000 to resolve the consumer regulator’s case alleging its contracts with growers were unfair.

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