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

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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Out with ‘including’ and ‘such as’: Judge rips into pleading in Corelogic data scraping case
Bianca Kabel 2023-06-28 9:14 pm By Cindy Cameronne Sydney

A judge has rejected an amended copyright case against US-based analytics company CoreLogic, expressing his displeasure at the use of imprecise phrases like ‘including’ and “such as’ in the revised pleading.

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NIB wins unpaid loans from Whitecoat developer after $42.5M sale to CBA
CBA 2023-06-28 4:02 pm By Gareth Baker

The developer of healthcare directory app Whitecoat must pay health insurer and joint venture partner NIB $1.6 million for loans that were never repaid following the app’s sale to the Commonwealth Bank for $42.5 million in 2021. 

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Lawyer shielded by advocate’s immunity for omission of claim against builder: appeals court
Acting Justice Carolyn Simpson 2023-06-28 2:42 pm By Cindy Cameronne Sydney

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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Hannover Life scores partial win against tax office over GST credits
ATO 2023-06-27 5:18 pm By Gareth Baker

Hannover Life Re should be allowed tax credits for GST paid on a share of its overheads, including rent and power, a judge has found in a partial win for the reinsurer.

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Sour grapes as Champagne growers appeal trade mark decision
Appeals 2023-06-27 4:18 pm By Gareth Baker Sydney

The French association representing wine producers from Champagne is appealing a recent trade mark loss to an Australian health retailer, claiming a product being sold on Aussie shelves is using its coveted name without assurances it originates from the French region. 

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Viterra loses appeal of Cargill’s $300M win over Joe White sale
Allan Myers 2023-06-27 3:48 pm By Cindy Cameronne Sydney

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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Medibank’s capital requirement lifted to $250M after data breach
APRA 2023-06-27 2:53 pm By Gareth Baker Sydney

The Australian Prudential Regulation Authority has raised Medibank’s capital adequacy requirement by $250 million, following last year’s cyber attack against the private health insurer, which exposed the personal details of 10 million customers. 

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Seven tries to resurrect ‘7Now’ mark in IP stoush with 7-Eleven
7-Eleven 2023-06-26 11:41 pm By Cat Fredenburgh

Seven Network has appealed a ruling that revoked its 7NOW trade mark for non-use in a victory for convenience chain 7-Eleven as it seeks to expand its presence in Australia.

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

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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