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Barrister who sexually harassed clerk has suffered enough, appeals court says
Business of Law 2021-12-22 2:39 pm By Bianca Hrovat

The New South Wales Bar Association has lost an appeal seeking a financial penalty and a professional reprimand against a Sydney barrister for his “poorly judged, vulgar and inappropriate” behaviour, with an appeals court finding damage to his reputation and a hike in his insurance premium dwarfed any punishment it could dole out.

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Judge ‘taken aback’ by Maddocks’ settlement stance in $30M negligence case
Professional Negligence 2021-12-20 6:25 pm By Bianca Hrovat

Law firm Maddocks has been ordered to pay more than $1.4 million in indemnity costs for “throwing good money after bad” in failing to consider a settlement offer in a negligence lawsuit over a client’s botched deal with Woolworths. 

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Opal Tower engineer wins bid to probe scope of insurers indemnity of Icon
Class Actions 2021-12-02 4:54 pm By Miklos Bolza

The structural engineer behind Sydney’s ill-fated Opal Tower can examine whether builder Icon Co has been indemnified for $31 million worth of damage which occurred in the 36-storey apartment block on Christmas Eve of 2018, a court has found.

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Clyde & Co’s negligence caused millions of dollars in losses, client says
Professional Negligence 2021-11-18 8:36 pm By Bianca Hrovat

Clyde & Co made an “inextricable” oversight in preparing an unpaid works claim, causing a Sydney-based sandstone excavator to lose millions of dollars, according to a cross claim in a case brought by the law firm for unpaid fees.

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Law firm must pay $13M for negligence that led to client’s botched Woolworths deal
Professional Negligence 2021-10-29 9:53 pm By Cindy Cameronne

A national law firm has been found liable to pay $13 million in damages for giving negligent advice to a former client that led to a botched sale of its business to Woolworths and caused it to go into administration.

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‘Elephant in the room’: Judge questions conduct of some lawyers for Banksia legal team
Business of Law 2021-10-19 9:54 pm By Christine Caulfield

Last week’s judgment denouncing the scandalous behaviour of the legal team running the Banksia Securities class action cast a spotlight on the conduct of lawyers for some of the defendants, asking whether “untenable” defences were maintained beyond an acceptable point in the case.

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Concrete company knew of prior Opal Tower failure, class action cross-claim alleges
Class Actions 2021-09-15 11:46 pm By Miklos Bolza

Prefab concrete company Evolution Precast Systems failed to install reinforced concrete in Sydney’s ill-fated Opal Tower and knew about a prior failure with one of the building’s panels, engineer WSP Structures alleges in a cross-claim lobbed in a class action on behalf of residents of the tower.

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Judge scolds Linchpin liquidators for ‘unsatisfactory’ conduct in class action
Class Actions 2021-08-20 4:31 pm By Miklos Bolza

A judge has criticised the liquidators of collapsed financial group Linchpin Capital after they failed to inform the court whether they intend to defend class action proceedings or if default judgment should be made against the company.

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Judge scolds Delta Coal liquidators for late notification of insolvent trading case
Restructuring & Insolvency 2021-08-11 1:53 pm By Miklos Bolza

A Federal Court judge has criticised the liquidators of coal mining company Delta for waiting over two years to file insolvent trading proceedings against former directors when the same issues of solvency had already been raised in two other cases.

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Lawyer who admitted to professional misconduct loses bid for costs from public fund
Legal Ethics 2021-08-06 5:10 pm By Miklos Bolza

A solicitor who admitted to allegations of professional misconduct has lost a NSW Court of Appeal bid for the costs of a NCAT proceeding to be paid from the state’s Public Purpose Fund, despite twice winning appeals of the tribunal’s findings.

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