Judgment

A judge hearing a defamation case over a podcast by The Australian about the murder of Shandee Blackburn has granted a bid by a News Corp unit for a pre-trial hearing to determine whether acquitted suspect John Peros suffered serious harm from the podcast.

An appeals court has dismissed an environmental advocacy group’s challenge to the extension of two Mach Energy and Whitehaven Coal mega coal mines in NSW, saying the current environmental laws are “ill-suited” to dealing with the global threat of climate change. 

Billabong founder Gordon Merchant has lost his challenge to a decision by the ATO to increase his tax liability to $31 million, finding that he conducted a “wash sale” of his Billabong shares and engaged in dividend stripping on the sale of bio plastics manufacturer Plantic Technologies. 

A judge that tossed two shareholder class actions against the Commonwealth Bank of Australia has found the bank did not have to alert investors to the possibility of AUSTRAC proceedings, saying investors did not expect to be apprised of the “toings and froings” of regulatory investigations.

A barrister who had a “close personal relationship” with a judge presiding over her case has been suspended and fined $10,000, after the High Court ruled their communications gave rise to the appearance of bias and justified recusal. 

A judge has given a poor prognosis to the eSafety Commissioner’s case seeking to have X Corp remove posts that depict a stabbing of a bishop at a Sydney church,  calling it an alarming and unreasonable attempt to exert control over activities abroad.

A former capital partner at HWL Ebsworth has lost his argument that he remained in the firm’s partnership until last month, after a judge found he was invalidly expelled in 2020. 

A judge has refused to issue a further injunction against X Corp in proceedings by the eSafety Commissioner seeking the removal of posts that depict a stabbing at a Sydney church after raising concerns the order could become an “object of ridicule”. 

A former senior manager at Deloitte terminated for alleged inappropriate conduct in the workplace has lost her bid to bring an unfair dismissal claim out of time, despite the Fair Work Commission finding her case had merit.

A Canberra massage parlour that systematically underpaid, intimidated and exploited migrant workers, including by threatening to kill their family members if they complained, has been hit with a $1 million penalty.