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BlueScope general manager ‘not an honest witness’, ACCC tells court
Trials 2021-10-26 9:03 pm By Cindy Cameronne

BlueScope Steel general manager Jason Ellis was not an honest witness and did not express genuine regret when he apologised for obstructing an ACCC investigation, a court hearing the regulatorā€™s price-fixing case was told Tuesday.

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Trial in Ben Roberts-Smith’s defamation case delayed to 2022
Defamation 2021-10-15 9:28 pm By Cindy Cameronne

A judge has adjourned trial in the defamation case by accused war criminal Ben Roberts-Smith to early 2022, saying relocation was not practical after COVID-19 restrictions prevented Fairfaxā€™s witnesses travelling to Sydney.

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ACCC officers face pre-trial grilling in ANZ cartel case as judge questions need for committal
Competition & Consumer Protection 2021-10-12 11:24 pm By Christine Caulfield

Five enforcement officers of the Australian Competition and Consumer Commission will be cross-examined by lawyers for banks facing price fixing charges over their conduct following ANZ’s $2.5 billion capital raising six years ago.

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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 ā€œtroublingā€ case of apprehended bias that saw a divorceeā€™s counsel socialising with the judge presiding over her long-running and ā€œtorturedā€ Family Law case.

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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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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, Australiaā€™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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Public good overrides individual rights in COVID-19 pandemic, NSW tells court
Trials 2021-10-05 9:30 pm By Bianca Hrovat

The New South Wales government has accused anti-vaccination advocates of having a ā€œmisguidedā€ and ā€œone-dimensional focusā€ on the fundamental rights of the individual over those of a community contending with the highly-contagious Delta variant of COVID-19.Ā 

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Ben Roberts-Smith fights ā€˜ridiculousā€™ bid to make medical records public as trial faces delay
Arthur Moses 2021-10-01 4:29 pm By Cindy Cameronne

Former SAS soldier Ben Roberts-Smith is fighting to shield medical records Fairfax says should be made public to ā€œsafeguard open justiceā€, as trial in his defamation case against the publisher faces further delay due to COVID-19 border restrictions.

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Judge grapples with his ‘white male privilege’ in Erin Molan trial
Trials 2021-09-30 8:57 pm By Cindy Cameronne

A judge has spoken of his personal challenge as an ā€œolder, white maleā€ in deciding the objective meaning of racism in Nine Network sports reporter Erin Molanā€™s defamation case, and said the matter would have been worthy of a trial by jury.

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COVID-19 jab effective, anti-vaxxers misinterpreting data, trial told
Trials 2021-09-30 9:35 pm By Bianca Hrovat

Health experts have told a court hearing a challenge to a requirement that certain workers get the COVID-19 jab that vaccinations are an effective tool in the fight against the coronavirus, despite the global surge of ā€˜breakthroughā€™ infections caused by the outbreak of the highly-infectious Delta strain.

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