Barristers

A judge has slammed a Herbert Smith Freehills Kramer partner's submission that it is not good practice to subpoena witnesses in complex litigation -- saying this was "news to [her]" -- and rejected client AMP's bid to have a key witness testify from an Airbnb.

A superintendent on a $25 million Melbourne project had no power to make an adjustment to a payment claim for purported cost overruns that left the builder owing more than the value of its claim, a judge has held.

The Australian Securities and Investments Commission is taking a third swing at cyber enforcement proceedings, suing financial planner Fortnum Private Wealth after a breach saw the data of 9,000 clients published to the dark web. 

The body corporates for beachfront blocks on the Gold Coast have failed in their bid to knock back two land valuations by a combined $28 million, with a Land Court member finding oceanfront land fetches a higher premium.

JB Hi-Fi wants an advance ruling in a class action on the period of cover provided to customers for breach of statutory guarantees under the consumer law, a question that has never been addressed by the courts.

Dyldam Developments' former boss Sam Fayad and his two sons have been ordered to pay over $50 million in a case by the liquidator of a special purpose vehicle claiming company funds were misused.

A judge has expressed worries that a class action against EY and collapsed Blue Sky Alternative Investments is “drifting” amid concerns from the defendants about "indulgent" discovery and potentially “significant” pleading changes.

A Sydney lawyer who sent profanity-laden emails to a Mills Oakley partner during a dispute with the Salvation Army and his mother-in-law over payment of a refundable deposit has been struck off the roll.

A court has found that United Petroleum is not bound by the terms of a signed lease offer sent to a neighbouring Gold Coast pharmacy operator, ruling the company’s property consultant had no authority to negotiate or enter into a new lease on its behalf. 

Dairy distributor Australian Consolidated Milk has lodged proceedings against competitor Fonterra, alleging the cooperative encouraged suppliers to break their exclusive supply agreements by offering a better price.