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Lawyer takes Banksia class action ruling to appeals court
Appeals 2021-11-08 10:28 am By Christine Caulfield

The Banksia Securities class action saga will return to the appeals court, with a lawyer indicating he plans to challenge last month’s ruling that found he knowingly assisted in a plot to defraud tens of thousands of investors in the collapsed lender.

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Top judge did ‘unexplained violence’ to Star’s business interruption policy, Full Court told
Insurance 2021-11-08 9:42 pm By Miklos Bolza

In rejecting a bid by The Star Entertainment Group to recoup losses stemming from the COVID-19 pandemic, the Federal Court’s Chief Justice did “real and unexplained violence” to the construction of a business interruption policy the casino giant had taken out with Chubb, the Full Court has heard.

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Gadens shows rival firms up with 15% pay hike for all lawyers
Business of Law 2021-11-08 2:00 pm By Cat Fredenburgh

Gadens has joined the salary hike frenzy spreading across the Australian legal market, announcing it will increase pay for all lawyers by 15 per cent.

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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 firm’s negligence led to a loss of more than $1 million.

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$35M settlement in NT youth detention class action a ‘discount’, court hears
Class Actions 2021-11-08 9:14 pm By Cindy Cameronne

The Northern Territory’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 “discount” 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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Myer faces lawsuit over $4.2M in unpaid rent during COVID-19 pandemic
COVID-19 2021-11-08 2:23 pm By Cindy Cameronne

Department store chain Myer has been hit with a lawsuit for allegedly failing to pay over $4.2 million in rent for its flagship store on Bourke Street in Melbourne during the coronavirus pandemic.

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Nine defends Liberal party branch-stacking claims, says Michael Sukkar knew of scheme
Defamation 2021-11-08 4:39 pm By Christine Caulfield

Media giant Nine has defended reporting that allegedly implied former Victorian Liberal party vice president Marcus Bastiaan engaged in illegal branch stacking, arguing the coverage was justified and that federal assistant treasurer Michael Sukkar was in on the scheme.

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High Court won’t hear J&J’s appeal in pelvic mesh class action
Class Actions 2021-11-05 3:11 pm By Cat Fredenburgh

Johnson & Johnson unit Ethicon will now be on the hook for damages to 11,000 women implanted with defective pelvic mesh devices, after the High Court declined to hear its appeal of a ruling that found it failed to adequately warn about the devices’ risks.

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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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