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Judge hearing Cbus case slams ‘false economy’ of concise statements
Suresh Senathirajah 2024-12-13 11:16 pm By Sam Matthews

The judge hearing ASIC’s case against super fund Cbus has criticised the practice of exchanging concise statements and responses, saying it was a “false economy” of time and cost savings.

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Angus & Julia Stone’s claims against management company sent to UK
Entertainment 2024-11-25 11:24 pm By Andy Sidler

An appeals court has found that a claim by indie duo Angus & Julia Stone alleging their former talent management company owes $2.8 million in overcharges should proceed in a UK court.

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Sydney light rail class action thrown out on appeal
Appeals 2024-09-18 11:04 am By Cindy Cameronne

An appeals court has dismissed a class action on behalf of small businesses over alleged nuisance caused by the construction of Sydney’s $3 billion light rail network. 

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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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Judges don’t have to give ‘running commentary’ on oral submissions, court says
Courts 2024-08-15 11:02 pm By Sam Matthews

An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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Lawyers win appeal in professional negligence case over settlement advice
Professional Negligence 2024-07-09 11:54 pm By Sam Matthews

An appeals court has rejected a challenge by a woman who said she was given negligent advice by her lawyers about two settlement offers which she rejected, finding that she would not have taken advice to accept the offers in any case.

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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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High Court won’t weigh in on spat between Probuild, Allianz over development bonds
Construction 2023-11-20 11:52 pm By Christine Caulfield

Probuild Constructions has failed in its special leave application to the High Court, which sought to challenge a ruling that it held $7.7 million in trust for insurer Allianz under a deed of indemnity in connection with the development of West Side Place in Spencer St, Melbourne.

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Surgeons lose appeal in breast implants class action
Appeals 2023-10-26 3:25 pm By Cindy Cameronne

A group of surgeons who worked for The Cosmetic Institute have lost a second bid to declass a representative proceeding on behalf of 13,500 patients who claim they were injured by botched breast augmentation surgery.

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Takata airbags class action against Volkswagen fails again
Appeals 2023-09-05 10:41 am By Cindy Cameronne

A class action against Volkswagen over allegedly deadly Takata airbags has failed a second time after an appeals court found “a merely speculative” risk of rupture was not enough to find the vehicles unacceptable.

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