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Court OKs landmark settlement in negligence case by Nauru child refugee
Human Rights 2023-11-06 11:19 pm By Christine Caulfield

A judge has approved the first settlement in dozens of negligence cases against the Minister for Home Affairs on behalf of refugees detained by the Australian government on the island of Nauru.

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Court rejects human rights group’s bid to repatriate Aussies detained in Syria
Human Rights 2023-11-03 12:13 pm By Cindy Cameronne

A human rights group has lost its legal bid to compel the federal government to bring home Australians stuck in Syrian camps, with a a judge finding the Minister for Home Affairs has “no control” over their detention.

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Judge up for costs in false imprisonment case, but not for abandoned expert
Legal Ethics 2023-11-02 11:00 pm By Sam Matthews

A man awarded $300,000 after he was unlawfully imprisoned for contempt has won his legal costs from the judge who jailed him. But a court has rejected his bid to recoup the costs paid to a damages expert in his case, finding he gave her “incomplete, inaccurate and unreliable” instructions.

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Climate change appeal attacks ‘drug dealers defence’ to coal mine extensions
Climate change 2023-10-26 10:52 pm By Cat Fredenburgh

An advocacy group has appealed a judgment that found it was “legally open” to federal environment minister Tanya Plibersek to approve the extension of two mega coal mines in New South Wales.

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Judge’s immunity appeal may go straight to High Court
Courts 2023-10-25 1:27 pm By Sam Matthews

A judge’s appeal of a decision that found he unlawfully imprisoned a man for contempt and was liable for over $300,000 in damages may go straight to the High Court and should be heard before a similar suit by another man jailed by the judge, a court has heard.

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Court rejects Tony Sage’s bid to uncover legal advice in tax audit
Tax 2023-10-20 2:17 pm By Sam Matthews

A judge has rejected a bid by WA businessman and former Perth Glory owner Antony Sage to uncover external legal advice provided to the tax office in a dispute over an audit that went to the AAT, finding that reliance by the Tribunal on the material could endanger its independence.

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Live exports ban class action may face more delays as Full Court hearing flagged
Class Actions 2023-10-18 11:46 pm By Sam Matthews

A judge has balked at the court being asked to examine the internal workings of the Indonesian government in the nine-year old live exports ban class action, flagging a possible Full Court hearing of the matter before damages are finalised.

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Bondholders class action faced obstacles, but proving climate risk not one of them: judge
Class Actions 2023-10-13 11:53 pm By Cat Fredenburgh

A judge who signed off on a settlement in a class action against the  government by sovereign bondholders over the disclosure of climate risks said proving climate change posed a risk to government coffers may not be as difficult as the government has claimed.

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Legal challenge to Mount Pleasant coal mine extension fails
Environment 2023-10-11 2:54 pm By Cindy Cameronne

A decision by federal environment minister Tanya Pibersek to greenlight the extension of two mega coal mines in NSW was “legally open” to her, a judge has ruled, despite acknowledging the “existential threat” of climate change. 

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Settlement in sovereign bond class action gets court’s nod
Class Actions 2023-10-11 11:31 pm By Sam Matthews

A judge has approved the settlement of a class action brought on behalf of sovereign bondholders over the disclosure of climate change risks, despite a late scrap with the government over whether the deal puts a stop to future cases.

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