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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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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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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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Philips Electronics class action could be saved by new law firm
Class Actions 2023-10-31 12:49 pm By Cindy Cameronne

A class action against Philips Electronics over recalled sleep apnea machines is likely to proceed with a new lead applicant and law firm after the solicitor on record decided the case was not viable. 

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Boral fails to limit class action to registered shareholders until judgment
Class Actions 2023-10-31 5:11 pm By Sam Matthews

In a shareholder class action targeting Boral, the construction materials giant has lost a bid to limit the class to registered group members until judgment, with a judge saying there was no reason to keep the class closed after mediation.

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Court tosses lawsuit over $55M sale of Queensland shopping centre
Real Estate 2023-10-31 4:09 pm By Sam Matthews

A judge has thrown out a lawsuit over the $55 million sale of Queensland shopping centre brought by an arm of Elanor Investors Group, clearing the vendor and its agent of allegedly misleading or deceptive conduct.

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Carnival points finger at passengers in norovirus class action
Class Actions 2023-10-30 11:34 pm By Sam Matthews

Carnival has pointed the finger at passengers in response to a class action over norovirus outbreaks on its Sun Princess cruise ship, a defence that recently flopped in a separate class action over a COVID-19 outbreak aboard Ruby Princess.

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AGL units hit with $6M in penalties for emergency violations
Energy & Natural Resources 2023-10-30 11:18 pm By Sam Matthews

Two units of electricity giant AGL Energy will pay penalties totalling $6 million for being unable to make good on their promise to be on standby to release electricity to help prevent blackouts.

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Retrial means new trial in trade secrets case, judge says in parsing ‘ambiguous’ Full Court order
Intellectual Property 2023-10-30 11:16 pm By Sam Matthews

Construing an “ambiguous” order from the Full Federal Court, a judge has ordered a fresh trial in a trade secrets case that touched on the permissible scope of law firms’ involvement in drafting expert reports.

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Dixon Advisory director wants to shield law firm’s advice in ASIC case
Restructuring & Insolvency 2023-10-27 1:32 pm By Sam Matthews

Former Dixon Advisory director Paul Ryan will ask the court for a suppression order protecting advice by a Big Six firm, as he defends ASIC’s claim that he failed to consider creditors when executing a deed that affected the company’s ability to recoup a $19 million debt.

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