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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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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
Appeals 2021-03-22 1:39 pm By Miklos Bolza

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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Banksia silk Norman O’Bryan signals possible appeal after failure to reopen defence
Legal Ethics 2021-03-18 10:29 pm By Christine Caulfield

Once high-flying barrister Norman O’Bryan might seek to challenge a refusal by the judge overseeing the Banksia class action to revisit his abandoned defence and accept into evidence a document he claims proved he did not secretly hold shares in the funder behind the case.

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