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Solicitor’s caveat over client’s mortgage to satisfy costs not invalid, appeals court says
Appeals 2024-05-21 3:37 pm By Cindy Cameronne

An appeals court has found that a solicitor’s caveat over his bankrupt client’s property was valid, after the client agreed to mortgage his property as security for up to $100,000 in legal costs, saying it was the only binding costs agreement they had.

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Qantas has no responsibility to compensate illegally sacked ground crew, court told
Employment 2024-05-20 11:50 pm By Cindy Cameronne

Qantas argues it has “no legal responsibility” to compensate baggage handlers who, the High Court has found, the airline unlawfully sacked and replaced with contractors, partly to prevent them from engaging in industrial action.

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Funder ‘pulled the pin’ on franchisee class action against Fogo Brazilia, court told
Class Actions 2024-05-20 11:24 pm By Cindy Cameronne

A funder that was bankrolling a class action against restaurant chain Fogo Brazilia alleging it misled franchisees about the profitability of its businesses has “pulled the pin” on the case, with the law firm running the proceeding agreeing to act on a no win, no fee basis. 

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NSW Supreme Court top judge worries about ‘slide in public respect’ for courts
Courts 2024-05-17 10:54 pm By Cindy Cameronne

The Chief Justice of the NSW Supreme Court has expressed concerns about a “slide in public respect” for institutions such as the court and the creeping phenomenon of “truth decay”.

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Decision awarding Jaguar class action to Gilbert + Tobin shot down on appeal
Appeals 2024-05-17 11:09 pm By Cindy Cameronne

A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case. 

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Environmental laws ‘ill-suited’ to dealing with threat of climate change, Full Court says
Environment 2024-05-16 11:52 pm By Cindy Cameronne

An appeals court has dismissed an environmental advocacy group’s challenge to the extension of two Mach Energy and Whitehaven Coal mega coal mines in NSW, saying the current environmental laws are “ill-suited” to dealing with the global threat of climate change. 

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Insurers to pay $1M in Axsesstoday class action settlement
Class Actions 2024-05-16 11:26 pm By Cindy Cameronne

Four insurers have agreed to fork over $1 million to settle an investor class action against lender Axsesstoday over an allegedly misleading prospectus for a bond offering, while claims against PricewaterhouseCoopers will move forward.

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Billabong founder loses fight with ATO over $111M Plantic sale
Tax 2024-05-16 11:11 pm By Cindy Cameronne

Billabong founder Gordon Merchant has lost his challenge to a decision by the ATO to increase his tax liability to $31 million, finding that he conducted a “wash sale” of his Billabong shares and engaged in dividend stripping on the sale of bio plastics manufacturer Plantic Technologies. 

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CBA didn’t have to alert investors to ‘toings and froings’ of AUSTRAC probe, judge says
Class Actions 2024-05-15 11:18 pm By Cindy Cameronne

A judge that tossed two shareholder class actions against the Commonwealth Bank of Australia has found the bank did not have to alert investors to the possibility of AUSTRAC proceedings, saying investors did not expect to be apprised of the “toings and froings” of regulatory investigations.

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High Court asked to resolve appellate court split on class closure
High Court 2024-05-15 11:22 pm By Cindy Cameronne

The High Court has been asked to overturn a NSW Court of Appeal decision finding it had no power to exclude unregistered group members from a settlement, which conflicted with Federal Court precedent, hearing the divergence of the important issue “can only be resolved by the High Court”.

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