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Gladys Berejiklian mulls legal challenge to corruption finding
Public Corruption 2023-06-29 11:58 am By Christine Caulfield

Former premier of NSW Gladys Berejiklian and her ex-boyfriend, former member for Wagga Wagga Daryl Maguire, engaged in “serious corrupt conduct”, ICAC has found.

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Lawyers for TPG-backed Anew Climate taken to task for writ failure
Energy & Natural Resources 2023-06-29 9:53 pm By Sam Matthews

A judge has rejected TPG-owned Anew Climate’s bid for default judgment against an Australian company that allegedly impersonated a US carbon offset developer in order to unlawfully receive payments under a $1 billion deal, saying “it’s not hard” to make the application under the correct rule.

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HWL Ebsworth’s claim of exhausted discovery in partner spat ‘puzzling’, judge says
Business of Law 2023-06-29 10:47 pm By Gareth Baker

A judge has criticised HWL Ebsworth’s discovery efforts and ordered the law firm to try again in the firm’s dispute with a former partner claiming the company cut him out of a proposed ASX float in 2020. 

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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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Clive Palmer’s Mineralogy suffers loss in $4B spat with CITIC
Energy & Natural Resources 2023-06-28 11:25 pm By Cindy Cameronne

Mining magnate Clive Palmer and his company Mineralogy have lost a bid to amend one of two cases that claim losses totalling $4 billion against CITIC after a judge found the amended claims would be “unfairly general”.

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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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ASIC’s power to order fines for Credit Code violations won’t face challenge
Financial Services 2023-06-27 11:54 pm By Cindy Cameronne

Queensland lender SunshineLoans has lost its second bid for the Full Court to decide whether ASIC has the power to bring civil penalty proceedings for violations of the Credit Code, with a judge finding its arguments were not strong enough to vacate an upcoming trial.

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Sydney Trains driver sacked for drinking deserves rehearing, Full Court says
Employment 2023-06-26 10:05 pm By Gareth Baker

The Full Court has held a Sydney Trains driver who worked the morning after blowing over four times the legal limit is entitled to a rehearing, finding the Fair Work Commission failed to properly consider a section of its own founding legislation. 

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