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‘It should not happen’: AAT panned for verbatim copying of winning side’s arguments
Appeals 2023-03-02 11:36 pm By Christine Caulfield

A decision by the Administrative Appeals Tribunal that reproduced almost entirely verbatim and without attribution the submissions of the prevailing party as its own reasons damages the public’s trust in the AAT and must be overturned, a court has ruled.

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Monique Ryan’s chief of staff to argue Fair Work breaches ‘knowing and systematic’
Angel Aleksov 2023-03-02 11:30 pm By Christine Caulfield

Extended settlement talks in a Fair Work suit brought by the chief of staff to Independent MP Monique Ryan have failed, and lawyers for Sally Rugg will seek to add claims of serious contraventions to what they say is a test case for determining ‘reasonable’ overtime.

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Daily Mail says Erin Molan’s ‘egregious conduct’ warrants reversal of $150,000 damages award
Appeals 2023-03-02 11:20 pm By Sam Matthews Melbourne

The Daily Mail has argued that Nine sports presenter Erin Molan should be stripped of a $150,000 defamation damages award because of her history of “seriously egregious conduct” on 2GB’s Continuous Call Team radio show.

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Gunns class action settles with KPMG, former directors
Accounting 2023-03-02 10:57 pm By Cindy Cameronne Sydney

A class action against KPMG and nine former Gunns Plantations directors over the failure of six managed investment schemes for eucalyptus wood in Tasmania has settled for a confidential amount, with a judge poised to approve the deal.

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Court asked to toss Kanye West’s suit against College Dropout Burgers
Entertainment 2023-03-02 4:21 pm By Christine Caulfield

A small Melbourne restaurant facing litigation by the US rapper formerly known as Kanye West will seek to have the case dismissed on Friday after the artist failed to meet a deadline for filing evidence.

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Ultra Tune boss seen instructing lawyer in criminal case, not incapacitated, judge says
ACCC 2023-03-02 3:23 pm By Cindy Cameronne Sydney

Ultra Tune has failed to prove its managing director is mentally incapacitated and unable to give evidence at a sentencing hearing for contempt of court after he was seen earlier this week attending a hearing in a criminal case on charges of stalking his ex-girlfriend.

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In win for construction industry, court finds SOPA available to insolvent companies
Chamberlains 2023-03-02 2:34 pm By Christine Caulfield

In a landmark ruling, the NSW Supreme Court has found the Security of Payment Act is available to insolvent builders to pursue debts, despite an amendment to the law that prevents construction companies in liquidation from enforcing payment claims.

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Star drops trade mark suit against Momento Hospitality over new hotel
ERA Legal 2023-03-01 11:27 pm By Christine Caulfield

Casino operator Star Entertainment has settled a lawsuit against Momento Hospitality and CEO Marcello Colosimo over the name of their latest western Sydney pub, registered as The Star Hotel.

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S&P fights ‘significant’ expansion of class action over CDO ratings
Ashurst 2023-03-01 10:28 pm By Sam Matthews Melbourne

S&P Global is fighting bids to expand a class action alleging systemic defects in its ratings systems to a new type of complex financial product and to include allegations from a US Department of Justice case in a separate suit by two Cayman Islands-based companies.

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Lisa Wilkinson says rape claim against Bruce Lehrmann ‘substantially true’
Defamation 2023-03-01 10:22 pm By Cat Fredenburgh

Television presenter Lisa Wilkinson has filed her defence to a defamation suit by accused rapist Bruce Lehrmann, arguing the claim that he raped fellow Liberal staffer Brittany Higgins in Parliament House in 2019 is substantially true.

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