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Vic Supreme Court can’t prefer own state’s policy in class action transfer bid, High Court told
Class Actions 2024-05-21 11:08 pm By Sam Matthews

Supporting KPMG’s bid to move a class action over the collapse of Arrium from Melboure to Sydney, former directors of the failed steel company have told the High Court the Victoria Supreme Court was impermissibly preferring the policy of its state in finding a contingency fee order made in the case could be factored into a transfer application.

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AG tells High Court Judge Vasta not immune from false imprisonment claim
High Court 2024-05-21 11:25 pm By Cindy Cameronne

The attorney-general of South Australia wants to intervene in a High Court appeal of a ruling that put Judge Salvatore Vasta on the hook for a manā€™s false imprisonment, saying the judge was not entitled to immunity but that police and correctional officers were.

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Environmental laws ā€˜ill-suitedā€™ to dealing with threat of climate change, Full Court says
Environment 2024-05-16 11:52 pm By Cindy Cameronne

An appeals court has dismissed an environmental advocacy groupā€™s challenge to the extension of two Mach Energy and Whitehaven Coal mega coal mines in NSW, saying the current environmental laws are ā€œill-suitedā€ to dealing with the global threat of climate change.Ā 

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Judge blasts eSafety Commissioner bid for global takedown orders against X
Social Media 2024-05-14 10:56 pm By Sam Matthews

A judge has given a poor prognosis to the eSafety Commissionerā€™s case seeking to have X Corp remove posts that depict a stabbing of a bishop at a Sydney church, Ā calling it an alarming and unreasonable attempt to exert control over activities abroad.

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eSafety commissioner can’t maintain injunction against X over church stabbing footage
Social Media 2024-05-13 10:29 am By Cindy Cameronne

A judge has refused to issue a further injunction against X Corp in proceedings by the eSafety Commissioner seeking the removal of posts that depict a stabbing at a Sydney church after raising concerns the order could become an ā€œobject of ridiculeā€.Ā 

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Judge worries about making court orders ā€˜object of ridiculeā€™ in X case over stabbing videos
Social Media 2024-05-10 11:14 pm By Cindy Cameronne

A judge has expressed concerns that issuing a further injunction against X Corp in proceedings by the eSafety Commissioner seeking the removal of posts that depict a stabbing at a Sydney church would make the courtā€™s orders an ā€œobject of ridiculeā€ since the social media company cannot be forced to comply.

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In win for government, High Court rules Iranian man can be indefinitely detained
High Court 2024-05-10 10:30 pm By Cat Fredenburgh

The High Court has found the indefinite detention of an Iranian man is not unlawful because he could be removed to his home country were he to cooperate with immigration authorities.

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No Crown immunity for damage to sacred sites in NT, High Court says
High Court 2024-05-08 11:02 pm By Christine Caulfield

The Commonwealth can be held criminally responsible for damage to First Nations sacred sites in the Northern Territory, the High Court has unanimously found in a case over construction damage to Gunlom Falls in Kakadu National Park.

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ATO’s ‘all or nothing’ approach to key tax law provision rejected by court
Tax 2024-05-06 11:59 am By Sam Matthews

The ATO has lost its appeal of a tribunal decision in favour of Perth land developer Tina Bazzo, with the court rejecting its ā€œall or nothingā€ approach to a key provision of the Taxation Administration Act.

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With constitutional issue on cards, Full High Court to hear KPMG’s class action transfer push
Class Actions 2024-05-02 11:41 pm By Sam Matthews

The Full High Court will sit for the hearing of KPMGā€™s battle to transfer a Victoria class action to Sydney, as the applicant in the case raises a question as to the constitutional validity of the firm’s argument that the NSW Supreme Court is bound to keep a group costs order operative.Ā 

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