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Home builder admits to unfair clause banning bad reviews by customers
ACCC 2022-12-13 5:11 pm By Sam Matthews

Property developer Fowler Homes has admitted that its standard contract included an unfair non-disparagement clause preventing customers from publishing negative reviews or other feedback without the company’s permission.

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ACCC wins price-fixing case against BlueScope Steel, senior exec
ACCC 2022-12-09 10:26 am By Cindy Cameronne

The Australian Competition and Consumer Commission has largely won its case against BlueScope Steel and former general manager Jason Ellis alleging they engaged in “serious cartel conduct” in relation to the supply of flat steel products in Australia.

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NSW government has to prove $3B light rail was ‘necessary’, class action says
Adam Hochroth 2022-12-07 4:38 pm By Cindy Cameronne

Closing a class action trial over Sydney’s $3 billion light rail, a lawyer for 3,500 small businesses told a judge Wednesday the NSW government had to show that building the tram network was a “reasonably necessary” addition to the city’s transport options.

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Boral’s privilege claim upheld over EY investigation in shareholder class action
Accounting 2022-12-06 10:09 pm By Cindy Cameronne

Boral has won its bid to shield from shareholders in a class action three investigative reports, including one by accounting giant EY, concerning financial irregularities in the construction company’s North America windows business.

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Judge slashes Opal Tower funder’s cut of class action settlement
Alexander Barnett 2022-11-28 11:35 pm By Cindy Cameronne

A judge has approved a confidential settlement in a class action on behalf of 383 apartment owners in Sydney’s Opal Tower but slashed the amount sought by the funder.

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Allianz loses fight with Probuild over $1B West Side Place development bonds
Allianz 2022-11-24 3:05 am By Sam Matthews

Insurer Allianz has lost its bid to claw back millions in performance bonds provided to collapsed building company Probuild in relation to works at a $1 billion development in the Melbourne CBD.

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$1M penalty against NQ Cranes over cartel agreement gets court’s OK
ACCC 2022-11-23 5:20 pm By Cat Fredenburgh

A judge has approved a $1 million penalty against Queensland crane company NQ Cranes for engaging in a conspiracy with a multinational rival to divide the Brisbane and Newcastle markets.

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In blow for Acciona, court won’t declare COVID-19 a force majeure event
Bret Walker 2022-11-16 4:59 pm By Cindy Cameronne

A judge has refused to declare COVID-19 a force majeure event in a loss for Spanish infrastructure giant Acciona, which seeks to back out of a construction project for a $696 million Kwinana waste-to-energy plant.

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Light rail class action plaintiffs want NSW on hook for litigation funder’s cut
Adam Hochroth 2022-11-15 4:55 pm By Christine Caulfield

Businesses bringing a class action over Sydney’s $3 billion light rail project are pursuing a bold new claim that the NSW government pay not only for damages related to their nuisance claims, but for the 40 percent commission the litigation’s funder wants from a post-trial judgment.

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Funder’s $13.2M cut is 26% of Opal Tower class action settlement
Alexander Barnett 2022-11-11 11:00 pm By Cindy Cameronne

The litigation funder bankrolling a class action on behalf of 383 apartment owners in Sydney’s troubled Opal Tower is seeking a 26 per cent commission totalling $13.2 million of the confidential settlement sum, a court has heard. 

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