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ASIC opposes BlueScope general manager’s request to manage company
ACCC 2021-12-09 3:09 pm By Cindy Cameronne Sydney

The Australian Securities and Investments Commission has opposed BlueScope Steel general manager Jason Ellis’ request for court permission to manage another company, saying he should wait until the ACCC’s price-fixing case against him has been decided.

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Class closure question expected to go up to High Court
Analysis 2021-12-06 3:56 pm By Christine Caulfield Melbourne

More than 18 months after a split emerged among the courts, the Full Federal Court will weigh in on whether judges have power to shut out unregistered group members from a class action. But given the breadth of the question for the appeals court, the issue is unlikely to be resolved there.

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Lendlease loses bid for separate hearing in Acciona dispute over $160M deal
Acciona 2021-12-06 3:51 pm By Miklos Bolza Sydney

A judge has ruled he will not consider a separate question on whether Acciona is barred from setting off any damages payable to Lendlease in a lawsuit over the $160 million sale of its engineering business.

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Full Court to weigh in on class closure in Boral class action
Boral 2021-12-03 3:50 pm By Miklos Bolza Sydney

The Full Court is set to examine whether the Federal Court has the power to make class closure orders prior to mediation, weighing on one of the biggest unanswered questions vexing the class action regime.

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Opal Tower engineer wins bid to probe scope of insurers indemnity of Icon
Alexander Barnett 2021-12-02 4:54 pm By Miklos Bolza Sydney

The structural engineer behind Sydney’s ill-fated Opal Tower can examine whether builder Icon Co has been indemnified for $31 million worth of damage which occurred in the 36-storey apartment block on Christmas Eve of 2018, a court has found.

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CFMMEU cops $554,600 penalty for coercive worksite protests
Construction 2021-12-01 9:46 pm By Bianca Hrovat Sydney

The CFMMEU and two of its officers have been hit with a $554,600 penalty for allegedly using the union’s “covert industrial muscle” to pressure a New South Wales crane company to bend to its bargaining demands.

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HWL Ebsworth found negligent, but avoids $424,000 damages bill by ex-client
Bruce Wacker 2021-11-29 1:05 pm By Miklos Bolza Sydney

Law firm HWL Ebsworth has dodged a $424,000 damages claim by a Brisbane property developer, despite a judge finding the law firm was negligent in failing to properly follow its client’s instructions on a contract of sale for large block of units.

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Acciona sues to cancel Kwinana renewable energy plant contract due to COVID-19
Construction 2021-11-25 2:20 pm By Miklos Bolza Sydney

Spanish infrastructure company Acciona has filed a lawsuit to get out of an engineering and construction contract for the $696 million Kwinana waste-to-energy plant in Western Australia, citing disruptions from the COVID-19 pandemic.

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Court tosses case over sacred trees at Western Highway upgrade site
Anna Robertson 2021-11-23 8:52 pm By Miklos Bolza Sydney

A court has summarily dismissed a lawsuit accusing the Victorian government of acting unlawfully by improving the Western Highway and threatening to harm six ‘directions’ trees of cultural significance to the Djab Wurrung people.

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Clyde & Co’s negligence caused millions of dollars in losses, client says
Clyde & Co. 2021-11-18 8:36 pm By Bianca Hrovat Sydney

Clyde & Co made an “inextricable” oversight in preparing an unpaid works claim, causing a Sydney-based sandstone excavator to lose millions of dollars, according to a cross claim in a case brought by the law firm for unpaid fees.

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