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Top judge of South Australia corrects JK Rowling on pronoun protocol
Courts 2023-11-06 5:06 pm By Sam Matthews

The Chief Justice of South Australia has corrected JK Rowling’s “completely unfounded” fears about a new practice note relating to the use of preferred gender pronouns in the state’s courts, after the Harry Potter author took to Twitter to criticise it.

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ASIC sues TelstraSuper in first case over dispute resolution rules
Financial Services 2023-11-06 12:40 pm By Sam Matthews

The Australian Securities and Investments Commission has filed its first-ever case over internal dispute resolution regulations, targeting Telstra Super over its handling of customer complaints.

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Diplomat can’t hide behind immunity, must compensate domestic worker, court says
Employment 2023-11-06 3:24 pm By Sam Matthews

The former Indian High Commissioner to Australia has been ordered to pay compensation to a woman who toiled in his Canberra home for less than $10 per day for over a year, with a judge finding he could not avail himself of diplomatic immunity to avoid liability.

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Lawyers blast freeze on litigation over corporate climate disclosures
Environment 2023-11-03 11:15 pm By Sam Matthews

Lawyers have spoken out against Treasury’s plan to implement a three-year moratorium on private litigation against companies that make misleading claims about their climate credentials, as the Albanese government proposes new climate disclosure requirements.

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United class action wins fight against ‘stultifying’ security bid
Franchises 2023-11-03 11:43 pm By Sam Matthews

A franchisee class action against United Petroleum over the installation of allegedly loss-making Pie Face stores at its franchise sites has succeeded in fending off the petrol company’s bid for security, with a judge agreeing it would have a chilling effect on the unfunded case.

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Class action investigation launched into ‘substandard’ public housing in WA
Class Actions 2023-11-02 3:20 pm By Sam Matthews

An investigation has been launched into a possible class action that would seek “housing justice” for Aboriginal tenants living in substandard public housing in Western Australia, following a landmark ruling by the High Court.

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Judge up for costs in false imprisonment case, but not for abandoned expert
Legal Ethics 2023-11-02 11:00 pm By Sam Matthews

A man awarded $300,000 after he was unlawfully imprisoned for contempt has won his legal costs from the judge who jailed him. But a court has rejected his bid to recoup the costs paid to a damages expert in his case, finding he gave her “incomplete, inaccurate and unreliable” instructions.

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High Court says distress, disappointment compensable under Tenancy Act
High Court 2023-11-01 5:25 pm By Sam Matthews

The High Court has found that tenants can be compensated for distress and disappointment caused by a landlord’s failure to meet a statutory requirement to maintain the security of a property, in a case brought by an elderly tenant from a remote Indigenous community whose house had no back door for over five years.

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Consultation begins on 2-year review of continuous disclosure reforms
Policy and Regulation 2023-11-01 3:50 pm By Sam Matthews

The government is seeking submissions for a review of widely criticised Morrison-era reforms that weakened continuous disclosure obligations, but the review may be hampered by the lack of case studies from the courts.

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Teachers entitled to pay rises despite resignations: Full Court
Employment 2023-11-01 4:04 pm By Sam Matthews

Two Catholic school teachers are entitled to pay rises included in new enterprise agreements, despite resigning before they took effect, an appeals court has found.

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