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Insurers score win in court battle over $695M Pacific Highway project
Construction 2023-03-28 3:45 pm By Sam Matthews

The Full Court has found that a policy exclusion applies in a dispute between Acciona Infrastructure and Ferrovial Construction and three insurers over coverage for loss and damage caused by heavy rainfall during the construction of the $695 million Pacific Highway in northern New South Wales.

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Toyota can’t overturn defect ruling, but wins cut to damages in diesel filter class action
Anais d'Arville 2023-03-27 5:03 pm By Christine Caulfield

An appeals court has partially sided with Toyota in a challenge to the damages bill assessed by a judge in a class action over defective diesel filters, saying the reduction in value of affected cars should be assessed at 10 per cent, not 17.5 per cent, of the price paid by motorists.

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Former ANZ unit says ASIC should ask bank for info in fees for no service case
Anna Garsia 2023-03-21 8:20 pm By Cindy Cameronne

A judge has rejected arguments by superannuation trustee OnePath Custodians that the corporate regulator must look to former parent company ANZ for evidence in its fees for no service case.

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Trade mark reputation not relevant in deceptive similarity cases, High Court rules
Angus Lang 2023-03-15 3:08 pm By Christine Caulfield

The reputation of a registered trade mark and its owner is not relevant in assessing the deceptive similarity of a challenged mark, the High Court has found, clarifying the test for infringement under a section of the Trade Marks Act.

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MACH Energy hits back at Tinkler’s fraud case, mounts strike-out bid
Ben Hancock 2023-03-14 5:27 pm By Cindy Cameronne

MACH Energy has hit back at a lawsuit by mining executive Nathan Tinkler’s companies that alleges a former general manager misused confidential information to help MACH buy the lucrative Mount Pleasant coal mine.

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Ex-Nuix CEO appeals loss in $180M case over options agreement
Appeals 2023-03-08 3:07 pm By Cat Fredenburgh

Former Nuix CEO Edward Sheehy is challenging his loss in a lawsuit claiming he’s owed $183 million in options under a 2008 agreement with the technology company.

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Firm’s contingency fee re-do wins over judge in class actions against banks
ANZ 2023-03-03 5:50 pm By Cindy Cameronne

A law firm has won its second bid for a group costs order in three class actions against banks over flexible commission schemes after a judge in 2021 rejected what was then the first-ever application for a contingency fee.

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The top litigation law firms of 2022
Adam Hochroth 2023-03-03 6:35 am By Cat Fredenburgh

Lawyerly’s Litigation Law Firms of 2022 racked up precedent-setting victories in a year that continued to see major developments in class action law.

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In Jaguar Land Rover class action contest, ‘innovative’ funding model challenged
Automotive 2023-02-28 5:23 pm By Cindy Cameronne

A law firm has questioned an “innovative” funding model proposed by its rival in a contest to run a class action against Jaguar Land Rover over allegedly defective diesel filters in its vehicles.

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Chinese crypto miner wins return of equipment in five-way stoush
Cryptocurrency 2023-02-24 10:26 pm By Sam Matthews

A Chinese crypto miner has won its equipment back, for now, after a Melbourne business it charged with looking after the machines allegedly allowed four other businesses to access them, culminating in a five-way stoush involving an ambulance and police.

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