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Investigator wants evidence in Ben Roberts-Smith case, as Fairfax seeks costs from Seven, Stokes
Defamation 2023-06-29 2:16 pm By Cindy Cameronne

The office of the special investigator wants access to evidence in Ben Roberts-Smith’s failed defamation case, a court has heard, while Fairfax says it needs to see invoices from Herbert Smith Freehills to the soldier’s financial backer, Seven chairman Kerry Stokes, in its bid for costs.

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Peter van Onselen worried Ten would ‘hang him out to dry’ in sex discrimination suit, court told
Contracts 2023-06-29 9:29 pm By Cindy Cameronne

Ex-Network Ten political editor Peter van Onselen has told a judge he was worried when he signed a disputed non-disparagement agreement that the broadcaster would “hang him out to dry” in a sex discrimination lawsuit by a former reporter.

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Transurban bid for Horizon Roads stake raises competition concerns
Competition & Consumer Protection 2023-06-29 11:21 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has expressed concerns that Transurban’s plan to acquire a majority stake in fellow toll road operator Horizon Roads will hinder competition for future toll road projects.

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Out with ‘including’ and ‘such as’: Judge rips into pleading in Corelogic data scraping case
Intellectual Property 2023-06-28 9:14 pm By Cindy Cameronne

A judge has rejected an amended copyright case against US-based analytics company CoreLogic, expressing his displeasure at the use of imprecise phrases like ‘including’ and “such as’ in the revised pleading.

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Firm with lowest contingency fee wins praise in Star class action beauty parade
Class Actions 2023-06-28 11:41 pm By Sam Matthews

As the knives come out in a contest between four law firms battling to run an $80 million class action against Star Entertainment, a court-appointed barrister has named his favourites – one of which has proposed a contingency fee of just 14 per cent.

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Monster Energy’s costs estimate in patent case ‘monstrous’, court told
Intellectual Property 2023-06-28 1:43 pm By Cindy Cameronne

An inventor who claims Monster Energy infringed his patent for laser etched pull tabs is fighting the beverage giant’s bid for $150,000 in security for costs, saying its estimates were “monstrous”.

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NIB wins unpaid loans from Whitecoat developer after $42.5M sale to CBA
Healthcare 2023-06-28 4:02 pm By Gareth Baker

The developer of healthcare directory app Whitecoat must pay health insurer and joint venture partner NIB $1.6 million for loans that were never repaid following the app’s sale to the Commonwealth Bank for $42.5 million in 2021. 

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Lawyer shielded by advocate’s immunity for omission of claim against builder: appeals court
Appeals 2023-06-28 2:42 pm By Cindy Cameronne

An appeals court has held that a Sydney solicitor can’t be sued for negligence for a failure to include a breach of contract claim in a building dispute, saying the lawyer was protected by advocate’s immunity because his decision was “intimately connected” with the litigation.

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No win, no fee model bashed in four-way fight to run Star class action
Class Actions 2023-06-27 11:36 pm By Sam Matthews

Three firms fighting for carriage of a $80 million class action against Star Entertainment say a group costs order would guard against ‘costs blowouts’ in the case and have urged a judge to ditch a no win, no fee proposal brought by fourth-to-file firm Shine Lawyers.

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Viterra loses appeal of Cargill’s $300M win over Joe White sale
Corporate 2023-06-27 3:48 pm By Cindy Cameronne

In a decade-old dispute, Viterra has lost an appeal of a judgment holding it liable to pay Cargill Australia $293 million for misrepresentations about the performance of its malt producer Joe White, which it sold to Cargill for $420 million in 2013.

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