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Judge assails ‘widespread’ practice of inappropriately broad suppression bids
Employment 2024-08-22 11:00 pm By Cindy Cameronne

Publishing reasons for refusing an application by Super Retail Group to redact parts of its former chief legal officer’s case, a judge has called out the practice of “extensive” suppression applications despite the exhortations of courts that justice must be open.

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‘Again and again’: Clive Palmer can’t relitigate challenge to ASIC examination, court told
White Collar 2024-08-22 11:31 pm By Sam Matthews

The CDPP has complained about being brought back to court “again and again” to deal with Clive Palmer’s complaints about a compulsory examination by ASIC, as the corporate regulator seeks to have his case challenging the lawfulness of the seven year-old examination thrown out as an abuse of process. 

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Citing courtroom ‘chemistry’, judge won’t allow remote evidence in Pesutto defamation case
Defamation 2024-08-22 11:40 pm By Andy Sidler

The former deputy leader of the Victorian Liberal Party will be required to give evidence in person in a defamation case against party leader John Pesutto by expelled party member Moira Deeming, with a judge noting the importance of cross-examination “chemistry” where credibility is at issue.

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Melbourne Football Club defeats member’s challenge to board election rules
Sports 2024-08-22 11:37 pm By Andy Sidler

Legal action by a Melbourne Football Club member challenging the AFL club’s board election rules has been dismissed, with a judge finding the rule banning campaigning by candidates is not oppressive as alleged.

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United Petroleum behind ‘misleading’ underpayments campaign against On The Run, court told
Competition & Consumer Protection 2024-08-21 4:14 pm By Cindy Cameronne

Convenience store chain On the Run is mulling proceedings against United Petroleum, which allegedly paid $120,000 to a public relations firm to run a “misleading” ad campaign accusing it of wage theft. 

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‘Dog chasing its tail’: Long-running $320,000 costs dispute between solicitor and barrister settles
Business of Law 2024-08-21 4:31 pm By Cindy Cameronne

A Sydney barrister and solicitor have settled a dispute over a $320,000 bill initially estimated to cost $60,000 after an appeals court found two costs agreements were void and held that courts should take a “purposive approach” to the rules governing costs disclosure obligations. 

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Westpac fights bid to ‘get around’ limitation defence in flex commissions class action
Class Actions 2024-08-21 11:11 pm By Sam Matthews

Banks targeted in long-running class actions over flexible commission schemes for car dealers are resisting the plaintiffs’ bid to amend their pleadings to “get around” the defence that certain claims are time-barred.

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Sydney Trains underpayments suit mulls class closure as High Court takes up issue
Employment 2024-08-21 11:08 pm By Cindy Cameronne

An underpayments class action against Sydney Trains has flagged an application to exclude unregistered group members from any settlement, as the High Court steps in to resolve an appellate court split on the power to make class closure orders.

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AG can gatekeep insurance providers for NSW lawyers, appeals court finds
Business of Law 2024-08-21 11:26 pm By Andy Sidler

The NSW appeals court has clarified the operation of the Uniform Law in the state, finding that insurers offering professional indemnity insurance to legal practitioners must be approved by the state’s Attorney General.

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‘Poor in the extreme’: Fishing class action slams NSW’s defence
Class Actions 2024-08-21 11:48 pm By Andy Sidler

A class action accusing the New South Wales government of unfair persecution of  south coast Indigenous groups for engaging in cultural fishing practices has slammed the state’s defence as “poor in the extreme”.

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