Shine Lawyersâ bid to recoup “exorbitant” interest on a loan it took out to run pelvic mesh class actions against Johnson & Johnson has raised new ethical dilemmas beyond the usual “sweaty palms and huge vexation” in most group proceedings, a judge has said.
HWL Ebsworth has admitted it gave a client negligent advice over property in Paramattaâs ‘Auto Alley’ but said the ownerâs alleged $3.5 million loss was not caused by the law firmâs mis-step in a transaction with companies linked to the defunct Dyldam Developments.
A damning report by a royal commission into the former federal government’s Robodebt scheme has recommended several individuals be referred for civil action or criminal prosecution, finding it was “a crude and cruel mechanism, neither fair nor legal”.
The NSW Bar Council has resolved to reprimand leading defamation barrister Sue Chrysanthou SC over her decision to accept a brief from former Attorney-General Christian Porter despite receiving confidential information from a friend of his accuser.
A judge has found that a Western Australian law firm can act for a doctor who has been sued for defamation despite having learned about the case from the plaintiff during a preliminary consultation.Â
The director of a Sydney law firm has lost a bid to challenge a decision of the NSW Legal Services Commissioner, which slapped him with a caution for a failure to act courteously after he told a disgruntled client âdonât expect Iâll put up with crapâ in a tense email exchange.
A judge who eviscerated a prior bid by a law firm and funder to take home 60 per cent of a $5 million class action settlement with Tyro has allowed them to net half of the proceeds, questioning whether some of the costs amounted to a âcomplete breachâ of legal professional duties.
A court has barred a law firm from acting in a partnership dispute because one of its solicitors could be a material witness in the case, finding there was a potential conflict between the duty of loyalty the lawyer owed to his clients and his obligation to be honest with the court.
An appeals court has said that while it might be desirable for law firms to disclose their involvement in drafting expert reports, they are not legally obligated to do so, overturning a finding that Corrs Chambers Westgarth went âfar beyond the permissible scopeâ of involvement in a report prepared for a trade secrets case.
A class action over the collapse of Walton Construction has argued the National Australia Bank cannot shield communications with Norton Rose Fulbright and Deloitte because they were made to further a fraud or otherwise had an illegal or improper purpose.