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Judge rejects Laing O’Rourke’s claim associate’s email created impression of bias
Employment 2024-06-21 11:46 pm By Christine Caulfield

A judge has dismissed a recusal application in an employment case against Laing O’Rourke Australia, which alleged an email from his associate inferred misconduct by a barrister and a Mills Oakley solicitor representing the construction company.

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Mired in interlocutory skirmishes, protracted BHP class action just got more entangled
Class Actions 2024-06-20 11:48 pm By Christine Caulfield

BHP wants to appeal a decision giving a class action the OK to fix what a judge accepted was an “inadvertent mistake” that resulted in a ruling — itself the subject of an appeal — which limited the group member definition.

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Complaint retreading old ground against lawyer not oppressive, appeals court says
Legal Ethics 2024-06-20 11:54 pm By Sam Matthews

An appeals court has found that the ACT legal complaints body was entitled to bring a second complaint against a lawyer after a first complaint about the same conduct was summarily dismissed, rejecting an argument that retreading the same ground would be oppressive.

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Justin Hemmes’ ‘Establishment’ trade mark should be canceled, court told
Intellectual Property 2024-06-20 11:33 pm By Sam Matthews

Brisbane restaurant Establishment 203 has hit back at a trade mark suit brought by Sydney hospitality mogul Justin Hemmes, telling a court that his ‘Establishment’ trade mark should be canceled.

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Lawyer struck from roll after using funds from deceased estates
Legal Ethics 2024-06-20 11:02 pm By Andy Sidler

A Wollongong wills and estates solicitor has been struck from the roll, with the NSW Supreme Court finding it was warranted given the seriousness and extent of the offending, as well as the solicitor’s initial reticence to cooperate with the investigation.

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Firefighters union fails on appeal in spat with Fire Rescue Victoria
Appeals 2024-06-20 11:03 pm By Andy Sidler

The United Firefighters Union has lost an appeal of two Fair Work Commission decisions, with the Full Federal Court finding that a commissioner did not err in deciding the matter at a later time.

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Bruce Lehrmann knew Higgins did not consent, Lisa Wilkinson tells appeals court
Appeals 2024-06-19 11:34 pm By Christine Caulfield

Journalist Lisa Wilkinson has filed a notice of contention in Bruce Lehrmann’s appeal of a judgment that found he raped colleague Brittany Higgins in Parliament House, claiming Lehrmann wasn’t just indifferent to his victim’s state of mind but knew she did not consent.

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Judge slams solicitor’s ‘competing commitments’ excuse for late evidence in $54M suit
Construction 2024-06-19 11:55 pm By Cindy Cameronne

A judge has refused to allow an owners corporation to serve late expert evidence in its case against developer Mirvac over alleged defects in a Sydney apartment complex, saying a solicitor’s explanation about “competing commitments” was inadequate and “a circumstance shared by most members of the legal profession”.

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ASIC wins orders freezing assets of Keystone Asset Management fund
ASIC 2024-06-19 11:47 pm By Andy Sidler

ASIC has secured freezing orders over the assets of an investment fund managed by Keystone Asset Management, with a court also ordering a Keystone director to surrender his passport amid an investigation by the corporate regulator. 

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EnergyAustralia to amend defence as date set for greenwashing trial over carbon neutral claims
Energy & Natural Resources 2024-06-19 2:24 pm By Christine Caulfield

Trial has been set for next May in a case by Australian parents that accuses EnergyAustralia of engaging in misleading conduct in promoting a “carbon neutral” program, a case that puts carbon offset credits under scrutiny.

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