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‘Capricious’ conduct by Morrison government dooms Beetaloo gas contract
Energy & Natural Resources 2021-12-23 5:42 pm By Miklos Bolza

A judge has voided contracts between the Morrison government and a subsidiary of Empire Energy for gas exploration in the Beetaloo Basin after finding the decision to enter the agreement in the midst of litigation was “legally unreasonable or capricious”.

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Emirates Group can’t recoup $10.5M paid to Australian staff through JobKeeper
Tax 2021-11-15 4:54 pm By Miklos Bolza

Eight companies in the Dubai-based Emirates Group have lost a court bid to recoup more than $10.5 million paid to Australian staff during the COVID-19 pandemic on the mistaken belief that the money would be repaid as part of the federal government’s JobKeeper subsidy scheme.

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Beetaloo gas exploration was approved to ‘stymie’ climate change case, judge told
Climate change 2021-11-02 9:14 pm By Miklos Bolza

The Morrison government decision’s to enter into a contract with a subsidiary of Empire Energy for gas exploration in the Beetaloo Basin was an effort to “stymie” climate change litigation brought against the federal resources minister, a court has heard.

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ā€˜Elephant in the roomā€™: Judge questions conduct of some lawyers for Banksia legal team
Business of Law 2021-10-19 9:54 pm By Christine Caulfield

Last weekā€™s judgment denouncing the scandalous behaviour of the legal team running the Banksia Securities class action cast a spotlight on the conduct of lawyers for some of the defendants, asking whether ā€œuntenableā€ defences were maintained beyond an acceptable point in the case.

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‘Arrogant’ barristers in Banksia class action struck off roll, face criminal probe
Legal Ethics 2021-10-11 5:00 pm By Christine Caulfield

Lawyers running the scandal-ridden Banksia class action have been struck from the roll of practitioners, will face criminal investigation and must pay group members $11.7 million in damages.

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Day of reckoning arrives for Banksia class action lawyers
Feature 2021-10-08 10:50 pm By Christine Caulfield

It has been described as the darkest chapter in Victoria’s legal history, an exemplar of all that is terrible with class actions in Australia. A case of greedy lawyers who found their golden egg in a group of retirees who had lost their life savings, never thinking the chickens might come home to roost. Until now.

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Judge’s patience for ‘flipping and flopping’ prosecutors in ANZ cartel case wearing thin
Competition & Consumer Protection 2021-09-16 8:47 pm By Cindy Cameronne

A judge has questioned whether he should allow prosecutors to amend charges against ANZ and its treasurer in a criminal cartel case over a $2.5 billion share placement after the bank argued the charges were defective and should be quashed.

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Corrs Chambers avoids costs in Hitler parody video case
Employment 2021-08-12 5:03 pm By Miklos Bolza

A BP worker who was awarded $201,000 after he was unlawfully dismissed for sharing a Hitler parody video has lost his bid for $51,000 in costs from his employer and law firm Corrs Chambers Westgarth.

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High Court tosses bid to stop lawsuit by CFMMEU ‘front man’
Employment 2021-04-07 4:50 pm By Miklos Bolza

The High Court has tossed an appeal by the Victorian International Container Terminal which sought summary dismissal of a legal challenge to an enterprise agreement entered into with the blessing of the Maritime Union of Australia in 2016.

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Banksia silk’s refusal to give evidence while seeking to reopen defence ‘inexcusable’, judge says
Class Actions 2021-03-24 4:56 pm By Christine Caulfield

Allowing former senior barrister Norman O’Bryan to reopen his defence in the Banksia class action while “avoiding the witness box” was clearly prejudicial, and futile to boot, a judge has said in his reasons for refusing the silk’s last-minute application.

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