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Ex-Dick Smith CFO to appeal $43M victory for NAB
Restructuring & Insolvency 2021-10-07 6:25 pm By Miklos Bolza

Dick Smith’s former CFO will appeal a $43 million judgment in favour of National Australia Bank over his role in the retailer’s collapse.

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IOOF unit loses bid to strike out ASIC’s cybersecurity case
Privacy & Cybersecurity 2021-10-07 1:26 pm By Cindy Cameronne

IOOF unit RI Advice has lost its bid to strike out ASIC’s novel case claiming it failed to protect its clients against cybersecurity risks, but a judge has chastised the regulator for causing “needless confusion” and “wasted time”.

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High Court frowns on judge’s private chats with counsel
Legal Ethics 2021-10-06 4:51 pm By Bianca Hrovat

Trial judges should not communicate with barristers outside of court, the High Court has ruled in a “troubling” case of apprehended bias that saw a divorcee’s counsel socialising with the judge presiding over her long-running and “tortured” Family Law case.

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‘Hundreds of lawyers’ could overwhelm combustible cladding class action, court told
Class Actions 2021-10-06 2:05 pm By Bianca Hrovat

“Hundreds of lawyers” could overwhelm Microsoft Teams if German cladding manufacturer 3A Composites continues adding cross-claimants in a class action over highly flammable building materials, a court has heard.

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Westpac to serve Forum’s Bill Papas by text message after securing Greek phone number
Financial Services 2021-10-06 12:21 pm By Miklos Bolza

Westpac will serve court documents, including a motion for contempt, on Forum founder Bill Papas by text message after securing a Greek mobile number for the absent accused fraudster, as the judge overseeing the bank’s case pulled up Papas’ former lawyer for treating his courtroom like a “suburban golf club”.

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‘Horribly offensive’: Peter Dutton tells court of hurt at rape apologist tweet
Trials 2021-10-06 3:37 pm By Cindy Cameronne

Defence minister Peter Dutton has given evidence of his “hurt” at trial in a defamation case over a tweet accusing him of being a rape apologist, while the judge presiding over the hearing has warned lawyers for the tweeter to act as solicitors not “supporters”.

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Lawyer who allegedly doctored invoices, stole from client can’t stay suspension
Legal Ethics 2021-10-06 9:09 pm By Cindy Cameronne

A Sydney solicitor accused of stealing over $130,000 from a client and doctoring five invoices has lost a bid to pause the NSW Law Society’s suspension of her certificate after a judge found there was a “very significant” risk of harm to the public if she continued to practice.

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Carnival keeps up fight to exclude foreign passengers from class action
Competition & Consumer Protection 2021-10-06 5:44 pm By Christine Caulfield

Carnival has launched a challenge to last month’s court finding that overseas passengers could remain group members in a class action over the 2020 Ruby Princess COVID-19 outbreak.

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8 tips from top silks for nailing virtual cross-examination
Feature 2021-10-05 9:27 pm By Miklos Bolza

After more than a year-and-a-half of virtual trials, Australia’s barristers have adapted and come up with the best techniques to maintain an edge when cross-examining witnesses in the virtual courtroom.

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Insurers accused of misleading policyholders in COVID-19 insurance class actions
Insurance 2021-10-05 2:36 pm By Bianca Hrovat

Insurers are misleading policyholders about class actions which seek compensation for those denied business interruption coverage for COVID-related shutdowns, a court has heard.

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