Litigation

A local amateur astronomy group has failed to convince the Administrative Review Tribunal to review a minister's decision to approve the airport plan and flight paths for the Western Sydney International Airport.

The failed construction business of Allmine Group's Arccon was not insolvent when it paid $7 million in tax liabilities, despite signs of financial distress, a judge has found, dismissing a case by a liquidator's assignee against the tax office.

Lawyers for LBJ Developments have told a judge that its joint venture partners on a development at the former Lilydale quarry breached their obligations by failing to honour a contractual right to tender for quarry filling works at the site.

An RSL club in Wollongong, NSW can't pause execution of a $3 million judgment secured by a contractor pending determination of a defects case, despite claiming "catastrophic" consequences.

A Victorian solicitor guilty has been found guilty of professional misconduct for over-promising on the prospects of success of a proposed property investment class action, which was never brought.

A court has tossed a lawsuit by the Wilderness Society alleging NOPSEMA failed to ensure Santos has the financial means to decommission its Reindeer gas field off the coast of Karratha in Western Australia.

Law firm Mallesons, which is named in proceedings brought by failed property developer FSM, has denied it knew that a former director used company loans to pay off personal debts.

A judge has tossed a nuisance claim by the Perth Day Hospital against its neighbour Fitness Cartel, finding its use of the property for "hypersensitive" surgery and medical procedures was not an 'ordinary use' protected by nuisance law.

The High Court has declined to review a ruling from the Victorian Court of Appeal that found domestic building insurance policies do not respond to when a defect arises, but rather to when loss or damage is suffered.

AsheMorgan principal Michael Rothner has defeated a suit by a member of the Waterhouse horseracing dynasty over the $26 million sale of a Rose Bay mansion, with a judge finding Rothner did not breach the agreement by authorising the removal of trees on a neighbouring property to improve his harbour views.