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Report calls for repeal of continuous disclosure reforms for ASIC cases, but not class actions
Policy and Regulation 2024-05-16 11:14 pm By Christine Caulfield

The Morrison-era reforms that introduced a fault element to the continuous disclosure laws should be repealed for civil penalty proceedings launched by ASIC, but retained for class actions by shareholders, a report of an independent review of the changes has recommended.

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Barrister cops suspension after High Court condemns undisclosed relationship with judge
Legal Ethics 2024-05-15 11:03 pm By Christine Caulfield

A barrister who had a “close personal relationship” with a judge presiding over her case has been suspended and fined $10,000, after the High Court ruled their communications gave rise to the appearance of bias and justified recusal. 

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Supreme Court urges ‘caution’ in use of AI by lawyers
Business of Law 2024-05-15 11:22 pm By Christine Caulfield

The Supreme Court of Victoria has issued ground rules for deploying artificial intelligence in litigation, urging litigants to exercise “particular caution” when using ChatGPT and other generative AI tools to draft affidavits and witness statements.

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Sky News appeals loss to Isentia in case of ‘wholesale copying’
Intellectual Property 2024-05-15 11:09 pm By Christine Caulfield

Sky News has taken its fight with Isentia to the Full Federal Court, after a judge found the the media monitor was not liable for copyright infringement despite the “wholesale copying” of content distributed to government clients.

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Budget funds 8 new judges to clear visa backlog, but legal aid sector gets a ‘fraction’
Policy and Regulation 2024-05-14 11:11 pm By Christine Caulfield

Australia’s peak legal body has welcomed the injection of funds promised in Tuesday’s budget announcement for the appointment of extra federal judges to clear a backlog in migration and protection visa applications. But the funds allocated to legal assistance services is a “fraction” of what is needed, the Law Council said.

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Litigation funder hits pay dirt with taxi driver class actions against Uber
Class Actions 2024-05-13 11:30 pm By Christine Caulfield

The funder behind two class actions against Uber, which have settled for $272 million, stands to make a tidy sum if the settlement holds up at a court approval hearing.

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I did not commit fraud: Disgraced Banksia silk says he was denied natural justice
Appeals 2024-05-10 11:01 pm By Christine Caulfield

He was struck from the roll for his part in the darkest chapter of Victoria’s legal history, but that hasn’t stopped Banksia class action silk Norman O’Bryan from representing himself in an appeals court challenge to what he claims was a denial of procedural fairness and a false finding of fraud.

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Class action urges Qantas to make good its vow to atone after $120M deal with ACCC
Competition & Consumer Protection 2024-05-09 11:30 pm By Christine Caulfield

The law firm behind a class action over cancelled Qantas flights has confirmed the case continues despite a $120 million settlement with the consumer regulator, and has called on the airline to follow through on its pledge to restore customers’ confidence.

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No Crown immunity for damage to sacred sites in NT, High Court says
High Court 2024-05-08 11:02 pm By Christine Caulfield

The Commonwealth can be held criminally responsible for damage to First Nations sacred sites in the Northern Territory, the High Court has unanimously found in a case over construction damage to Gunlom Falls in Kakadu National Park.

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Class action reneges on $18M settlement with Merivale, says deal no longer fair
Employment 2024-05-07 12:27 pm By Christine Caulfield

In a highly unusual move, the applicant in an employment class action against hospitality giant Merivale has reneged on an $18 million settlement, saying a jump in group member registration since the deal was struck means the sum would no longer win court approval.

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