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‘We’re not King & Wood Mallesons’ excuse doesn’t wash in bid to revive $400M suit
Construction 2024-07-16 2:36 pm By Cindy Cameronne

A judge has rebuffed a developer’s bid to revive a $400 million lawsuit against an investor after it failed to comply with a guillotine order, saying it was not an adequate explanation that the firm of solicitors acting for it lacked the resources of the defendant’s Big Six outfit. 

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Judge questions law firm’s 40% contingency fee in Ansell class action
Class Actions 2024-07-15 2:18 pm By Cindy Cameronne

A judge has questioned the law firm running a class action against medical glove maker Ansell on its application for a contingency fee rate of 40 per cent, which would equal the highest rate granted since Victoria allowed firms to earn a percentage profit of a group proceeding.

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Monash IVF fights plaintiff’s ‘new case’ in embryo class action
Class Actions 2024-07-15 2:52 pm By Sam Matthews

Monash IVF is fighting a class action’s bid to file a fourth statement of claim in the three year-old case over the alleged destruction of potentially viable embryos, saying the proposed pleadings sparked by an expert report constituted a new case. 

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Court rips up law firm’s ‘positively misleading’ costs agreement
Legal Ethics 2024-07-15 11:12 pm By Cindy Cameronne

A judge has set aside a costs agreement between a Perth-based law firm and its client in a family law matter that culminated in a $87,000 bill, saying the agreement was “positively misleading” with respect to the applicable hourly rates.

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Talent manager files appeal in Angus & Julia Stone’s $2.8M lawsuit
Entertainment 2024-07-15 11:02 pm By Cindy Cameronne

UK talent management company TaP Management has filed an appeal after a judge dismissed its bid to permanently stay a case by Australian musical duo Angus & Julia Stone, who allege their former manager overcharged them by $2.8 million. 

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EnerMech wins appeal in $10M feud with Acciona over Westconnex tunnel construction
Construction 2024-07-11 11:53 pm By Sam Matthews

Subcontractor EnerMech has won an appeal in its fight against Acciona over a $10 million progress payment for work on the Westconnex M4-M5 link, with an appeals court finding the question of whether EnerMech’s claim was a payment claim for construction work was a matter for an adjudicator, not the court.

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ACCC flags competition concerns with Aurizon acquisition of Flinders Logistics
Competition & Consumer Protection 2024-07-11 11:33 pm By Sam Matthews

The consumer regulator has flagged concerns over national freight company Aurizon’s proposed acquisition of stevedoring and logistics business Flinders Logistics, saying the deal could incentivise Aurizon to block other rail haulage providers from accessing a key berth in Port Adelaide.

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HWL Ebsworth, ex-partner file competing appeals over expulsion finding
Appeals 2024-07-10 4:01 pm By Cindy Cameronne

HWL Ebsworth and a former capital partner have both appealed a ruling that found the partner was invalidly expelled in 2020 but that his partnership had been dissolved from the day he sued his former firm. 

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Ex-client takes Holding Redlich to court over $334,000 legal bill
Business of Law 2024-07-09 10:40 pm By Sam Matthews

Law firm Holding Redlich has been hit with proceedings over invoices totalling more than $334,000 by an ex-client who says the firm provided no cost agreement and made no cost disclosure over the course of an eight-month retainer. 

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Lawyers win appeal in professional negligence case over settlement advice
Professional Negligence 2024-07-09 11:54 pm By Sam Matthews

An appeals court has rejected a challenge by a woman who said she was given negligent advice by her lawyers about two settlement offers which she rejected, finding that she would not have taken advice to accept the offers in any case.

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