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ACCC loses appeal in ‘fanciful’ NSW Ports competition case
Competition & Consumer Protection 2023-02-23 1:23 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has lost its challenge to a decision that tossed its case alleging NSW Ports stymied competition when it signed a 50-year agreement with the state to privatise two ports. 

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Appeals court asked to decide if GCO can ‘travel’ in Arrium class action
Class Actions 2023-02-22 2:10 pm By Cindy Cameronne

A judge has referred to an appeals court the question of whether a group costs order can “travel”, as KPMG continues to push to transfer a shareholder class action over the collapse of mining company Arrium to New South Wales.

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Barrister dodges conviction for skipping legal watchdog’s examination
Business of Law 2023-02-22 11:08 pm By Sam Matthews

A Melbourne lawyer has avoided a conviction for his contempt of court after skipping a compulsory examination in the course of an investigation over concerns about the running of his legal practice.

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Sunwater asks High Court to hear floods class action coverage spat
Class Actions 2023-02-21 11:20 pm By Christine Caulfield

Dam services provider Sunwater has asked the High Court to take its side in a dispute over insurance coverage for a $440 million class action settlement with victims of the 2010-2011 floods in Queensland.

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HWL Ebsworth found negligent in $130M case over property development
Professional Negligence 2023-02-17 5:39 pm By Cindy Cameronne

HWL Ebsworth has been found negligent in advising on a joint venture contract for an ambitious Sydney-based land development, which allegedly lost the law firm’s former client $130 million. 

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Whitehaven coal mine extension illogical amid ‘deadly’ climate crisis, court told
Energy & Natural Resources 2023-02-15 1:43 pm By Cindy Cameronne

The NSW Independent Planning Commission’s decision to approve an extension for Whitehaven’s Narrabi coal mine was “legally illogical” amid current knowledge of the “extraordinary and deadly” impact of climate change, a court has heard.

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Unions win High Court challenge to NSW campaign spending limits
High Court 2023-02-15 10:23 pm By Cindy Cameronne

The High Court has thrown out laws that banned unions and other third parties from spending more than $20,000 on political campaigns ahead of a New South Wales state election in March.

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Magistrate’s refusal to allow note-taking in courtroom showed possible bias, judge finds
Courts 2023-02-15 1:46 am By Sam Matthews

A local court magistrate showed apprehended bias by not allowing a self-represented plaintiff to take notes during cross-examination, a judge has found.

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Protester’s challenge to COVID-19 lockdown fails on appeal
Appeals 2023-02-13 12:57 pm By Cindy Cameronne

An anti-lockdown protester has lost her appeal of a decision dismissing her legal challenge to Victoria’s stay-at-home orders, with an appeals court finding the reduction in risk to public health “outweighed” impacts on freedom of speech.

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Clive Palmer drops appeal of climate change decision blocking Queensland coalmine
Energy & Natural Resources 2023-02-13 11:49 pm By Christine Caulfield

Clive Palmer’s Waratah Coal has abandoned a challenge to a ruling that ended its plan for a coalmine in central Queensland on the grounds that the project would contribute to “foreseeable and preventable life terminating harm”.

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