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Herbert Smith Freehills chases United Petroleum for costs over failed IPO dispute
Professional Negligence 2024-02-15 3:50 pm By Cindy Cameronne

Herbert Smith Freehills has filed proceedings against its former client United Petroleum, seeking costs of successfully defending a lawsuit alleging it acted negligently in relation to the company’s failed initial public offering in 2016. 

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No evidence Ben Roberts-Smith given full benefit of presumption of innocence, appeals court told
Defamation 2024-02-05 11:34 pm By Sam Matthews

The judge who found that disgraced soldier Ben Roberts-Smith committed war crimes in Afghanistan did not show “full consideration of the presumption of innocence” in his defamation case, an appeals court has heard. 

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High Court asked to rule on self-repped firms’ costs for employed solicitors
Business of Law 2024-01-15 10:35 pm By Cindy Cameronne

A former Atanaskovic Hartnell client is seeking special leave to challenge a judgment from the NSW Court of Appeal that found self-represented law firms can recover costs for work done by their own solicitors, urging the High Court to intervene to clarify a judgment eliminating the so-called Chorley exception.

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A fool for a client? NSW appeals court ruling a boon for self-repped law firms 
Legal Ethics 2024-01-05 8:13 pm By Cindy Cameronne

The NSW Court of Appeal has issued a judgment contradicting a finding from its Victorian counterpart, ruling that law firm Atanaskovic Hartnell can recover costs for work done by its own solicitors in a lawsuit against a former client in which the firm represented itself.

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Dick Smith CFO stuck with $57M judgment after High Court revokes special leave
Appeals 2023-12-06 4:54 pm By Christine Caulfield

Former Dick Smith CFO Michael Potts is on the hook for paying $57 million in damages to National Australia Bank after the High Court on Wednesday revoked its grant of special leave, finding he did not raise a legal question of public importance.

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High Court says real estate agency not liable for developer’s source code theft
Intellectual Property 2023-12-06 4:10 pm By Cindy Cameronne

The High Court has found Victorian real estate agency Biggin & Scott did not authorise through “indifference” the theft of Campaigntrack’s source code by a software developer it hired to create a cloud-based real estate marketing platform.

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India may take ruling over foreign state immunity waiver to High Court
Arbitration 2023-11-10 11:03 am By Sam Matthews

The government of India has flagged a possible special leave application if it loses its appeal of a decision finding it can’t avoid a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites because it waived its foreign state immunity.

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Permanent stay of case should be ‘measure of last resort’, High Court says
High Court 2023-11-01 3:51 pm By Cindy Cameronne

The High Court has refused to throw out a personal injury case over 55-year-old child sexual abuse claims, despite the death of the alleged perpetrator and most relevant witnesses, saying a permanent stay is a “measure of last resort”. 

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India can’t avoid $111.3M arbitral award over aerospace investments
Arbitration 2023-10-24 4:16 pm By Cindy Cameronne

The Indian government has lost its bid to dodge a $111.3 million arbitral award in a dispute with three Mauritian companies that invested in Indian satellites, with a judge finging the country waived its foreign state immunity. 

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Top Dick Smith execs drop High Court appeal against receivers
Restructuring & Insolvency 2023-10-10 11:02 pm By Christine Caulfield

Two former Dick Smith executives have settled with the receivers of the defunct electronics retailer, dropping a High Court appeal over an $11.8 million ruling.

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