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I did not commit fraud: Disgraced Banksia silk says he was denied natural justice
Appeals 2024-05-10 11:01 pm By Christine Caulfield

He was struck from the roll for his part in the darkest chapter of Victoria’s legal history, but that hasn’t stopped Banksia class action silk Norman O’Bryan from representing himself in an appeals court challenge to what he claims was a denial of procedural fairness and a false finding of fraud.

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Slater & Gordon gets OK to have separate counsel at GCO settlement approval hearing
Class Actions 2024-05-10 11:15 pm By Cat Fredenburgh

Slater & Gordon has won the court’s nod to be separately represented at an upcoming settlement approval hearing where it will seek a $12.8 million group costs order for running a shareholder class action against G8 Education.

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Thomson Geer expands WA presence with Perth boutique merger
Construction 2024-05-10 11:13 pm By Andy Sidler

Thomson Geer is set to nab four partners and 19 staff in a merger with boutique Perth-based firm Tottle Partners, expanding the national firm’s presence in Western Australia.

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Class action members have broader limitations protection than lead plaintiffs: appeals court
Class Actions 2024-05-09 2:37 pm By Cindy Cameronne

Group members enjoy broader protection against the running of limitation periods than lead plaintiffs in class actions, an appeals court has said in finding that commercial fishing operators heading a class action against Gladstone Ports could not bring new claims out of time. 

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After class action tanks, pelvic mesh patient wins extra time to bring case against doctor
Personal injury 2024-05-09 3:21 pm By Andy Sidler

A court has granted an extension to the limitation period for a pelvic mesh patient suing her doctor for negligence, finding she did not have the knowledge to bring the case before the three-year window closed and that her claim for substantial damages for personal injury appeared “well founded”. 

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Class action firms that play nice should not have a leg up in beauty parade, court told
Class Actions 2024-05-08 11:16 pm By Cat Fredenburgh

Appellate guidance is needed on whether a history of cooperation between law firms that brought competing class actions can be the deciding factor in a close carriage contest, the Victorian Court of Appeal has heard.

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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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Judge fell short of expected standards of conduct, legal watchdog finds
Courts 2024-05-06 11:38 am By Christine Caulfield

A County Court of Victoria judge has been found to have breached the standards of conduct generally expected of judicial officers in his handling of a rape trial, following a complaint by the state’s top prosecutor.

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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 “all or nothing” approach to a key provision of the Taxation Administration Act.

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Public housing class action tossed, but judge gives applicant another shot
Class Actions 2024-05-03 4:18 pm By Sam Matthews

A judge has granted the Victorian government’s bid to dismiss a class action over its decision to retire Melbourne’s high-rise public housing towers, but allowed the applicant to recast his claim, despite protests from the state. 

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