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ACCC faces tough questions in appeal of NSW Ports competition case
Competition & Consumer Protection 2022-02-17 2:15 pm By Christine Caulfield

An appeals court grilled counsel for the ACCC on the first day of a hearing challenging the dismissal of its case over a NSW government deal to privatise two ports, calling on the lawyer to spell out how the state was alleged to be in competition with the consortium that took over the ports.

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Music festival organiser appeals ruling denying coverage for $3.2M COVID-related cancellation
COVID-19 2022-02-17 5:20 pm By Cat Fredenburgh

The organiser of the Big Red Bash outback music festival has appealed a judgment denying it coverage for $3.2 million cancellation of the festival during the first wave of the coronavirus pandemic

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Insurer has second crack at dodging doctor’s class action defence costs
Insurance 2022-02-17 9:32 pm By Bianca Hrovat

Avant Insurance has challenged a Federal Court judge’s interpretation of the Insurance Contracts Act in its second attempt to avoid liability for the defence costs of a plastic surgeon named in a class action brought over botched breast augmentations.

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‘Postbox’ solicitor in Banksia class action wins reprieve from DQ decision
Business of Law 2022-02-16 10:02 pm By Christine Caulfield

A lawyer whose conduct in the Banksia Securites class action was said to have left a stain on the integrity of the legal profession has secured a temporary stay of a decision by Victoria’s legal watchdog to disqualify him from practicing law for four years.

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Justice Andrew Bell to become NSW Supreme Court’s new top judge
Courts 2022-02-16 9:18 pm By Cat Fredenburgh

Justice Andrew Bell has been appointed the new Chief Justice of the NSW Supreme Court, after the current head of the court announced last year it was time to step down after almost 11 years in office.

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CBA class action preps for class closure nod from Full Court
Class Actions 2022-02-16 12:52 pm By Cat Fredenburgh

Lawyers leading a class action against the Commonwealth Bank over its alleged money laundering compliance failures are getting their ducks in a row in the event the Full Court rules the court has the power to shut out unregistered group members from a class action.

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Aussie fashion designer suing Katy Perry a ‘calculating and dishonest’ witness, court hears
Intellectual Property 2022-02-16 10:34 pm By Cat Fredenburgh

An Australian fashion designer suing Katy Perry over the rights to use the Katy Perry trade mark in Australia is a “calculating and dishonest witness” whose “utterly dishonest” testimony should not be believed, counsel for the pop star said during closing submissions.

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‘I couldn’t sleep at night’: Clive Palmer says he feared for safety after WA’s ‘Palmer Act’
Trials 2022-02-16 7:14 pm By Sam Matthews

Clive Palmer said he feared for his physical safety as a result of the criminal immunity granted to the WA government by legislation and the consequent ‘political campaign’ waged against him, as he took the stand for the first time in his defamation trial against the WA premier.

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CDPP spent $1.26M on cartel case against banks
Competition & Consumer Protection 2022-02-16 2:11 pm By Cat Fredenburgh

Commonwealth Director of Public of Prosecutions Sarah McNaughton has defended her office’s decision to drop all criminal cartel charges over a $2.5 billion ANZ share raising, revealing the CDPP has so far spent $1.26 million in external costs in pursuing the case.

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Ben Roberts-Smith reignites court battle with ex-wife over confidential emails
Appeals 2022-02-16 10:33 pm By Bianca Hrovat

Embattled war veteran Ben Roberts-Smith continues to pursue legal action against his ex-wife, having applied for leave to appeal a Federal Court decision disallowing cross-examination over allegations she accessed his private emails.

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