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Not ‘plainly wrong’: NSW appeals court sticks to guns on class closure
Class Actions 2024-04-17 1:12 pm By Cindy Cameronne

The NSW Court of Appeal has said it has no power to exclude group members who do not sign up to a class action from participating in a settlement, upholding a controversial decision that the Full Federal Court said was “plainly wrong”. 

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ICAC’s findings against Berejiklian based on ‘depressing view of human life’, court told
Appeals 2024-02-26 11:17 pm By Cindy Cameronne

Appealing findings of serious corrupt conduct over her award of state funds to the district of then boyfriend and member of parliament Daryl Maguire, former NSW premier Gladys Berejiklian has told a court politicians can have “personal attachments” while still acting in the public interest.

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Influential judge remembered for ushering in ‘brutal’ case management rules
Courts 2024-02-06 3:44 pm By Cindy Cameronne

Practitioners have marked the passing of former NSW Supreme Court Justice Andrew Rogers KC, who will be remembered for transforming commercial litigation through his vigorous, often “brutal” approach to case management.

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Top judge says judicial workload in NSW unsustainable, calls for funding boost
Courts 2024-02-01 11:22 pm By Christine Caulfield

The top judge in NSW has called for more court resources and funding to ease the burden of an overworked judiciary, in an impassioned speech backed by the state’s solicitors and barristers.

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New judge vows to not be ‘cranky’, looks forward to bench-eye view of the Bar
Courts 2024-01-30 11:17 pm By Cindy Cameronne

The latest judge to join the NSW Supreme Court has expressed a desire to foster a serious but collegiate environment for advocates and has remarked on the rising importance of legal directories for barristers. 

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‘A true all-rounder’: NSW judge farewelled for High Court
Courts 2023-10-19 11:05 pm By Christine Caulfield

With customary wit the top judge of NSW has sent off Justice Robert Beech-Jones to take his seat on the High Court, observing the value of his colleague’s criminal law experience and the lamentable drop in that bench’s “sartorial standards” with his elevation.

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Court can order solicitor to return fees for ‘exorbitant overcharging’
Legal Ethics 2023-10-13 4:18 pm By Cindy Cameronne

A court made valid orders for a Queensland solicitor to pay back $251,255 to the relative of a former client, an appeals court has found, saying that “exorbitant charging debases the reputation of the legal profession”.

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Obeids, Ian Macdonald lose appeal of conviction for bid-rigging conspiracy
Crime 2023-10-06 10:15 pm By Cindy Cameronne

Former Labor members Ian Macdonald, Eddie Obeid and his son Moses will remain in prison after losing a challenge to convictions for conspiracy to rig a tender process and secure a coal mining exploration licence for the Obeids’ land in the Bylong Valley.

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Tech exec subjected to DXC’s ‘unreasonable’ 7-year restraint clause wins appeal
Technology 2023-05-16 10:28 pm By Sam Matthews

An appeals court has found a seven-year non-competition clause in US tech giant DXC Eclipse’s agreement with the former director of Melbourne software firm Sable37, which it acquired in 2018, was unreasonable.

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Opal Tower class members could do ‘simple arithmetic’, funder says in appeal of cuts to commission
Appeals 2023-03-14 10:25 pm By Sam Matthews

The funder in the Opal Tower class action has appealed a judge’s decision to slash its commission for not disclosing proposed deductions from the settlement sum as percentages, telling the Full Court that group members could do “simple arithmetic”.

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