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NSW Police can’t appeal ruling on names in strip search class action
Appeals 2024-11-29 11:34 pm By Cindy Cameronne

The NSW government can’t appeal a decision that denied its bid to subpoena the names of 2,316 registered group members in a class action over allegedly unlawful strip searches at music festivals. 

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CIMIC loses appeal against insurers over coverage for Iraq bribery cases
Insurance 2024-09-19 11:04 pm By Christine Caulfield

Insurers have won a challenge to a declaration that engineering firm CIMIC could make claims under policies for costs arising from corruption cases, including a $32 million class action settlement.

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‘This happens every day’: Judge doubts barrister’s bias claim in disciplinary appeal
Legal Ethics 2024-09-10 11:47 pm By Cindy Cameronne

An appeals court on Tuesday questioned claims that a tribunal’s decision had the appearance of bias when it found a Sydney barrister guilty of professional misconduct for bringing allegedly unfounded claims against a solicitor.

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EnerMech wins appeal in $10M feud with Acciona over Westconnex tunnel construction
Construction 2024-07-11 11:53 pm By Sam Matthews

Subcontractor EnerMech has won an appeal in its fight against Acciona over a $10 million progress payment for work on the Westconnex M4-M5 link, with an appeals court finding the question of whether EnerMech’s claim was a payment claim for construction work was a matter for an adjudicator, not the court.

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Solicitor’s caveat over client’s mortgage to satisfy costs not invalid, appeals court says
Appeals 2024-05-21 3:37 pm By Cindy Cameronne

An appeals court has found that a solicitor’s caveat over his bankrupt client’s property was valid, after the client agreed to mortgage his property as security for up to $100,000 in legal costs, saying it was the only binding costs agreement they had.

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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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Dispute over barrister’s fee estimates goes to High Court
Business of Law 2023-08-09 10:00 pm By Sam Matthews

A barrister is taking a dispute over his $320,000 bill to the High Court, but a judge has cast doubt on the appeal’s prospects of success.

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‘Commercial nonsense’ ruling shot down in AMP lease dispute
Real Estate 2023-07-11 10:16 pm By Gareth Baker

Willis Australia has won an appeal against its landlord, AMP Capital, with a court ruling the insurance broker is entitled to withdraw notice it gave in December 2019 to renew its office lease. 

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Lawyer shielded by advocate’s immunity for omission of claim against builder: appeals court
Appeals 2023-06-28 2:42 pm By Cindy Cameronne

An appeals court has held that a Sydney solicitor can’t be sued for negligence for a failure to include a breach of contract claim in a building dispute, saying the lawyer was protected by advocate’s immunity because his decision was “intimately connected” with the litigation.

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Lenders of collapsed Arrium lose appeal over directors’ loan drawdowns
Financial Services 2023-05-10 12:23 pm By Sam Matthews

Commonwealth Bank and other lenders of failed steel giant Arrium have lost a second attempt to put two of the company’s directors on the hook for alleged misleading representations on loan drawdown notices ahead of its $2.8 billion collapse.

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