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Amid push for reforms, judges refuse to recuse themselves time and again
Courts 2023-01-18 4:09 pm By Sam Matthews

Requests by litigants for judges to disqualify themselves from presiding over cases were largely denied last year, in a raft of decisions containing lessons for litigants weighing up their own recusal bids in 2023.

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Corrs Chambers Westgarth practice leader defects to rival, taking team of six
Business of Law 2023-01-18 4:21 pm By Sam Matthews

A Corrs Chambers Westgarth veteran known for his work defending the Catholic Church has left the law firm for rival Wotton + Kearney, taking with him a number of senior associates as well as the Catholic Archdiocese of Melbourne.

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Appeals court sets aside arbitration award in Chevron gas field dispute
Arbitration 2023-01-18 2:59 pm By Sam Matthews

An appeals court has dismissed an appeal from two contractors who worked on Chevron’s Gorgon gas field project who allege they were underpaid over $130 million by the energy giant.

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Departing ASIC commissioner to head Vanguard’s in-house legal team
Financial Services 2023-01-17 2:02 pm By Sam Matthews

ASIC commissioner Sean Hughes will step down next month after taking a role with investment manager Vanguard – which paid a $40,000 fine to the corporate watchdog just last month.

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Judicial commission would be ‘protective, not disciplinary’, government says
Courts 2023-01-17 2:49 pm By Sam Matthews

The Albanese government is inviting submissions on a federal judicial commission tasked with dealing with alleged misconduct by judges, saying the commission will strive for transparency and will not adopt a disciplinary model.

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From $2.8M win to just $6,000, Microsoft’s case against computer retailer crashes to earth
Intellectual Property 2023-01-16 1:35 pm By Sam Matthews

Microsoft has won a pittance for copyright infringement but copped a “substantial costs order” in its six-year-old intellectual property suit against a Melbourne computer retailer over its Windows 7 software, which previously netted the Silicon Valley giant a $2.8 million payout from Judge Sandy Street that was slammed as a “regrettable” judicial failure.

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Gina Rinehart’s Hancock Prospecting can’t halt case pending arbitration in 20-year feud
Energy & Natural Resources 2023-01-16 11:24 pm By Sam Matthews

Hancock Prospecting has lost a bid to shut down court cases brought by fellow mining giants Wright Prospecting and DFD Rhodes until the outcome of a family arbitration, after a judge found the company’s own forensic choices made the risk of inconsistent decisions inevitable.

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Former KWM solicitor, now judge, won’t recuse herself from United Petroleum case
Legal Ethics 2023-01-13 4:46 pm By Sam Matthews

A judge who previously acted for a United Petroleum Group company in a “highly acrimonious” case eight years ago has refused to recuse herself from adjudicating a new dispute involving a related company.

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Lawyers restrained from acting in property dispute, referred to legal watchdog
Legal Ethics 2023-01-13 12:38 pm By Sam Matthews

A prominent Melbourne lawyer and his wife have been restrained from acting in a property dispute, after a judge found they misled the court and facilitated a false settlement in favour of their clients.

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Court dismisses unrepresented pensioner’s class action against Department of Social Services
Class Actions 2023-01-13 2:56 pm By Sam Matthews

A judge has dismissed a class action brought by a pensioner against the Department of Social Services over its real estate asset testing for pensions, citing his lack of legal representation.

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