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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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No win, no fee model bashed in four-way fight to run Star class action
Class Actions 2023-06-27 11:36 pm By Sam Matthews Melbourne

Three firms fighting for carriage of a $80 million class action against Star Entertainment say a group costs order would guard against ‘costs blowouts’ in the case and have urged a judge to ditch a no win, no fee proposal brought by fourth-to-file firm Shine Lawyers.

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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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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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Nine can rely on reputation evidence in Euro Pacific CEO’s case
Dauid Sibtain 2023-06-27 4:35 pm By Cindy Cameronne Sydney

Nine has partially won its bid to include evidence about the reputation of Euro Pacific CEO Peter Schiff in an attempt to minimise the damages it will owe after abandoning its substantive defences in defamation proceedings by the bank boss.

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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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Sanofi defeats government’s $325M appeal over generic Plavix ban
Appeals 2023-06-26 4:00 pm By Cindy Cameronne Sydney

Drug maker Sanofi-Aventis is not liable for the federal government’s losses for excess subsidies paid for the blood-thinner Plavix after an allegedly unjustified court injunction prevented the release of a generic version of the blockbuster drug, an appeals court has found.

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The Reject Shop flags early attacks on underpayments class action
Adero Law 2023-06-26 12:32 pm By Cindy Cameronne Sydney

Discount retail chain The Reject Shop has foreshadowed two challenges to an underpayments class action, claiming store managers were not covered by the general retail award and that their allegations have to be run individually. 

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Settlement in FIFO class action against Thiess wins approval
Article 2023-06-26 2:49 pm By Christine Caulfield

A court has signed off on a settlement in a six-year-old class action against mining services company Thiess by fly-in fly-out workers recruited for construction of a Woodside Energy LNG plant in WA’s Pilbara region.

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