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Developer relied on Sparke Helmore lawyer to read fine print, trial told
Professional Negligence 2021-11-08 6:52 pm By Bianca Hrovat

The former director of a central Queensland construction company relied on his Sparke Helmore solicitor to read over contracts for sale for him, a court has heard in a trial over allegations the law firmā€™s negligence led to a loss of more than $1 million.

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$35M settlement in NT youth detention class action a ā€˜discountā€™, court hears
Class Actions 2021-11-08 9:14 pm By Cindy Cameronne

The Northern Territoryā€™s agreement to pay $35 million to settle a class action on behalf of 1,200 young people who allegedly suffered human rights abuses while in detention was a ā€œdiscountā€ on the claimed value of compensation owed, a court has heard.

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Judge concedes he had no power to jail tour operator for 12 months
Courts 2021-11-08 2:31 pm By Christine Caulfield

A judge has admitted in a $2 million false imprisonment lawsuit against him that he had no power to sentence the owner of a Cairns tour company to 12 months in jail for contempt of court.

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ACCC’s witness statement method ‘quite unfair’, says judge hearing cartel case
Competition & Consumer Protection 2021-11-05 9:45 pm By Christine Caulfield

The ACCC’s practice of successively refining witness statements without saving draft versions was “quite unfair”, says a judge overseeing the competition regulator’s criminal cartel case over a botched ANZ share placement.

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Ex-Tennis Australia president loses bid for $4.3M in indemnity costs against ASIC
ASIC 2021-11-05 9:04 pm By Cindy Cameronne

Former Tennis Australia president Steven Healy has lost his bid for $4.3 million in indemnity costs against ASIC over its failed case over the rights to the Australian Open, with a judge finding the regulatorā€™s case against him had ā€œreasonable prospects of successā€ before trial.

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Court strikes out Mineralogy’s ‘wholly disproportionate’ defence amendments in dispute with CITIC
Energy & Natural Resources 2021-11-05 5:46 pm By Miklos Bolza

Hong Kong-based conglomerate CITIC has successfully struck out large portions of an amended defence by Mineralogy and its owner Clive Palmer in a dispute over the $5.8 billion Sino Iron project in Cape Preston, with a judge finding the changes would create “wholly disproportionate and unnecessary” steps just two months out from trial.

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YouTuber Jordan Shanks apologises to John Barilaro in zero dollar defamation settlement
Defamation 2021-11-05 10:51 am By Miklos Bolza

YouTube comedian Jordan Shanks has apologised to former NSW Deputy Premier John Barilaro for hurt caused by videos posted in 2020 and 2021 but won’t be paying any damages as part of a settlement of a high profile defamation case.

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Western Power can’t palm legal costs onto Thiess for bushfire class action loss, court finds
Class Actions 2021-11-05 2:20 pm By Cindy Cameronne

Western Power is not entitled to palm off the legal costs of defending a class action after an appeals court found it was negligent in causing the January 2014 Perth Hills bushfire which destroyed 57 homes, a court has said.

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ACCC let JPMorgan lawyers review witness statement in cartel probe, court told
Competition & Consumer Protection 2021-11-04 10:42 pm By Christine Caulfield

Lawyers for JPMorgan went to the ACCC’s office to review a draft statement of the investment bank’s then managing director Jeffrey Herbert-Smith, an immunity witness for the competition regulator in its troubled criminal cartel case over an ANZ share placement, a court has heard.

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Law firms accused of negligence fight Dover Financialā€™s bid to add lawyers to case
Financial Services 2021-11-04 4:11 pm By Cindy Cameronne

Three law firms and a consultancy are fighting a bid by defunct financial advisor Dover Financial to bring negligence claims against two lawyers over a so-called client protection policy found to be “an exercise in Orwellian doublespeak”.

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