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Top judge did ‘unexplained violence’ to Star’s business interruption policy, Full Court told
Adam Pomerenke 2021-11-08 9:42 pm By Miklos Bolza

In rejecting a bid by The Star Entertainment Group to recoup losses stemming from the COVID-19 pandemic, the Federal Court’s Chief Justice did “real and unexplained violence” to the construction of a business interruption policy the casino giant had taken out with Chubb, the Full Court has heard.

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Developer relied on Sparke Helmore lawyer to read fine print, trial told
Andre Zahra 2021-11-08 6:52 pm By Bianca Hrovat

The former director of a central Queensland construction company relied on his Sparke Helmore solicitor to read over contracts for sale for him, a court has heard in a trial over allegations the law firm’s negligence led to a loss of more than $1 million.

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$35M settlement in NT youth detention class action a ‘discount’, court hears
Chief Justice Debra Mortimer 2021-11-08 9:14 pm By Cindy Cameronne

The Northern Territory’s agreement to pay $35 million to settle a class action on behalf of 1,200 young people who allegedly suffered human rights abuses while in detention was a “discount” on the claimed value of compensation owed, a court has heard.

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Nine defends Liberal party branch-stacking claims, says Michael Sukkar knew of scheme
Defamation 2021-11-08 4:39 pm By Christine Caulfield

Media giant Nine has defended reporting that allegedly implied former Victorian Liberal party vice president Marcus Bastiaan engaged in illegal branch stacking, arguing the coverage was justified and that federal assistant treasurer Michael Sukkar was in on the scheme.

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ACCC’s witness statement method ‘quite unfair’, says judge hearing cartel case
ACCC 2021-11-05 9:45 pm By Christine Caulfield

The ACCC’s practice of successively refining witness statements without saving draft versions was “quite unfair”, says a judge overseeing the competition regulator’s criminal cartel case over a botched ANZ share placement.

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Ex-Tennis Australia president loses bid for $4.3M in indemnity costs against ASIC
Aaron Weinstock 2021-11-05 9:04 pm By Cindy Cameronne

Former Tennis Australia president Steven Healy has lost his bid for $4.3 million in indemnity costs against ASIC over its failed case over the rights to the Australian Open, with a judge finding the regulator’s case against him had “reasonable prospects of success” before trial.

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Court strikes out Mineralogy’s ‘wholly disproportionate’ defence amendments in dispute with CITIC
Alexander Law 2021-11-05 5:46 pm By Miklos Bolza

Hong Kong-based conglomerate CITIC has successfully struck out large portions of an amended defence by Mineralogy and its owner Clive Palmer in a dispute over the $5.8 billion Sino Iron project in Cape Preston, with a judge finding the changes would create “wholly disproportionate and unnecessary” steps just two months out from trial.

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YouTuber Jordan Shanks apologises to John Barilaro in zero dollar defamation settlement
Ashurst 2021-11-05 10:51 am By Miklos Bolza

YouTube comedian Jordan Shanks has apologised to former NSW Deputy Premier John Barilaro for hurt caused by videos posted in 2020 and 2021 but won’t be paying any damages as part of a settlement of a high profile defamation case.

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Western Power can’t palm legal costs onto Thiess for bushfire class action loss, court finds
Brahma Dharmananda 2021-11-05 2:20 pm By Cindy Cameronne

Western Power is not entitled to palm off the legal costs of defending a class action after an appeals court found it was negligent in causing the January 2014 Perth Hills bushfire which destroyed 57 homes, a court has said.

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ACCC let JPMorgan lawyers review witness statement in cartel probe, court told
Ann Bonnor 2021-11-04 10:42 pm By Christine Caulfield

Lawyers for JPMorgan went to the ACCC’s office to review a draft statement of the investment bank’s then managing director Jeffrey Herbert-Smith, an immunity witness for the competition regulator in its troubled criminal cartel case over an ANZ share placement, a court has heard.

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