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Insurers on hook for combustible cladding claims against builder LU Simon
Amelia Smith 2023-06-06 3:14 pm By Cindy Cameronne

A judge has found insurers must cover claims against builder LU Simon Builders over alleged combustible cladding in Melbourne’s Atlantis Towers after a judge found the owners were “obvious candidates” to bring legal action.

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Bubs Australia sued by founder, ex-chairman after board spill
Clayton Utz 2023-06-06 1:43 pm By Cindy Cameronne

Two directors who were ousted from Bubs Australia and have mounted a challenge to its new leadership have filed proceedings against the infant formula company for breach of workplace rights.

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Coles, Woolworths ‘can’t hide behind’ poor records, court told as underpayments trial kicks off
Adero Law 2023-06-05 5:56 pm By Cindy Cameronne

On the first day of trial in parallel class actions and regulatory proceedings, the Fair Work Ombudsman panned the payment systems adopted by Woolworths and Coles for salaried managers, saying they were “entirely foreign” to the industrial award and that the supermarket giants had “no meaningful proper records” for overtime. 

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Apple can argue patent invalid because of HP device first sold in 2000
Angus Lang 2023-06-02 10:21 pm By Cindy Cameronne

Apple can argue an Australian non-practicing entity that claims its patents for a remote entry system were infringed by the tech company’s Touch ID and Face ID technology are invalid because of a Hewlett Packard handheld device that was first sold in 2000. 

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‘Fundamentally wrong’: Judge pans AMP’s payment to PwC for remediation review
AMP 2023-06-02 3:48 pm By Cindy Cameronne

It was “fundamentally wrong” that AMP Financial Planning paid consultant PricewaterhouseCoopers significantly more to review a court-ordered remediation than was paid to customers who suffered loss after an adviser churned life insurance policies for higher commissions, a judge has said.

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Judge finds Ben Roberts-Smith committed war crimes, tosses defamation claims
Arthur Moses 2023-06-01 2:43 pm By Cindy Cameronne

Former SAS corporal Ben Roberts-Smith has lost his defamation case against Nine-owned Fairfax, with a judge finding Thursday it was true that Australia’s most decorated soldier committed civilian murders in Afghanistan.

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Racing NSW wins doc bid as it mulls competition case against interstate counterparts
Andrew Emmerson 2023-05-31 5:22 pm By Cindy Cameronne

Racing NSW has won access to documents that concern an alleged plan by its Victorian counterpart to exclude it from the thoroughbred racing industry as part of an alleged anti-competitive agreement with four other states.

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In battle of Spitfire creditors, appeals court provides clarity on R&D refunds
Appeals 2023-05-31 2:22 pm By Cindy Cameronne

A private investment fund has won its claim as a secured creditor over $2 million in research and development tax refunds that a court previously found should go to employees in a fight over funds remaining following the collapse of fintech Spitfire Corporation. 

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Tyro class action judge OK’s $2.5M in settlement deductions after railing against earlier deal
Bannister Law 2023-05-30 11:04 pm By Cindy Cameronne

A judge who eviscerated a prior bid by a law firm and funder to take home 60 per cent of a $5 million class action settlement with Tyro has allowed them to net half of the proceeds, questioning whether some of the costs amounted to a “complete breach” of legal professional duties.

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Solicitor can’t rep client because of conflict risk as potential witness: court
Contracts 2023-05-29 3:08 pm By Cindy Cameronne

A court has barred a law firm from acting in a partnership dispute because one of its solicitors could be a material witness in the case, finding there was a potential conflict between the duty of loyalty the lawyer owed to his clients and his obligation to be honest with the court.

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