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ACCC loses appeal in ‘fanciful’ NSW Ports competition case
ACCC 2023-02-23 1:23 pm By Cindy Cameronne Sydney

The Australian Competition and Consumer Commission has lost its challenge to a decision that tossed its case alleging NSW Ports stymied competition when it signed a 50-year agreement with the state to privatise two ports. 

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Melbourne doctor whose WFH request was denied loses discrimination suit
Employment 2023-02-23 5:58 pm By Sam Matthews Melbourne

A Melbourne doctor who was not allowed to work from home following an injury has lost his disability discrimination suit against his former employer, and was ordered to pay over $570,000 to the practice for his absences.

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Sparke Helmore wins reversal of $285,000 negligence judgment
Appeals 2023-02-22 4:30 pm By Sam Matthews Melbourne

An appeals court has thrown out a $285,000 negligence judgment against Sparke Helmore over two sales contracts worth $1.5 million and rejected a NSW developer’s attempts to squeeze the law firm for a heftier damages bill.

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Appeals court asked to decide if GCO can ‘travel’ in Arrium class action
Banton Group 2023-02-22 2:10 pm By Cindy Cameronne Sydney

A judge has referred to an appeals court the question of whether a group costs order can “travel”, as KPMG continues to push to transfer a shareholder class action over the collapse of mining company Arrium to New South Wales.

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Barrister dodges conviction for skipping legal watchdog’s examination
Business of Law 2023-02-22 11:08 pm By Sam Matthews Melbourne

A Melbourne lawyer has avoided a conviction for his contempt of court after skipping a compulsory examination in the course of an investigation over concerns about the running of his legal practice.

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Full Court urged to toss ASIC’s ‘fatal’ appeal in CBA conflicted remuneration case
Anna Wilson 2023-02-22 5:46 pm By Cindy Cameronne Sydney

The Commonwealth Bank of Australia has urged the Full Court to toss ASIC’s challenge to a decision dismissing its conflicted remuneration case over the bank’s sale of its Essential Super product, saying the appeal suffered from “fatal” flaws.

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Sunwater asks High Court to hear floods class action coverage spat
Appeals 2023-02-21 11:20 pm By Christine Caulfield

Dam services provider Sunwater has asked the High Court to take its side in a dispute over insurance coverage for a $440 million class action settlement with victims of the 2010-2011 floods in Queensland.

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BCC loses appeal over $8M trade credit policy to Phoenix financier
Anne Horvath 2023-02-21 1:00 pm By Cindy Cameronne Sydney

Insurer Bond & Credit Company has lost its appeal of a decision ordering it to indemnify an Australian non-bank lender that provided $8 million in trade finance to companies in Phoenix Group shortly before its collapse.

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Broker loses appeal of 2014 banning order, again
Appeals 2023-02-21 3:11 pm By Cindy Cameronne Sydney

A mortgage broker has lost his challenge to a tribunal’s decision to uphold a lifelong ban by the Australian Securities and Investments Commission.

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King & Wood Mallesons drops Ye in case against College Dropout Burgers
Competition & Consumer Protection 2023-02-20 11:29 pm By Christine Caulfield

Big Six firm King & Wood Mallesons has withdrawn its representation of US rapper Ye in his case against a small Melbourne restaurant after the artist reportedly failed to instruct his lawyers.

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