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Sydney Trains underpayments suit mulls class closure as High Court takes up issue
Employment 2024-08-21 11:08 pm By Cindy Cameronne

An underpayments class action against Sydney Trains has flagged an application to exclude unregistered group members from any settlement, as the High Court steps in to resolve an appellate court split on the power to make class closure orders.

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AG can gatekeep insurance providers for NSW lawyers, appeals court finds
Business of Law 2024-08-21 11:26 pm By Andy Sidler

The NSW appeals court has clarified the operation of the Uniform Law in the state, finding that insurers offering professional indemnity insurance to legal practitioners must be approved by the state’s Attorney General.

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Insurers win another fight over COVID-19 business interruption claims
Insurance 2024-08-20 11:26 pm By Cindy Cameronne

Several insurers have won a dispute with two Melbourne businesses about whether an industrial special risks policy can cover losses suffered during COVID-19 lockdowns, with a judge finding the policy did not respond just because there were recorded cases in Melbourne. 

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New judge Richard McHugh happy to get out of way of ‘hungry new silks’
Courts 2024-08-20 11:49 pm By Cindy Cameronne

The NSW legal community has welcomed to the bench the newest Supreme Court judge, Richard McHugh, who reflected on his good fortune in a ceremony on Tuesday and vowed to try, at least, not to get grumpy.

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‘Discourteous, gratuitous, and offensive’: VCAT finds Melbourne lawyer unfit to practice
Legal Ethics 2024-08-20 11:42 pm By Andy Sidler

A retired Melbourne lawyer has been found unfit to practice after a review of his conduct demonstrated “discourteous, gratuitous, and offensive” conduct towards legal officials during proceedings related to his attempts to benefit from an elderly client’s estate. 

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Court rejects enviro group’s challenge to Mt Pleasant coal mine extension
Environment 2024-08-20 12:32 am By Cindy Cameronne

A environmental group has lost its challenge to the extension of the Mount Pleasant open cut coal mine in NSW operated by MACH Energy, with a judge finding the planning commission considered greenhouse emissions and did not merely pay “lip service” to the issue.

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High Court asked to weigh in on scope of whistleblower protections
Appeals 2024-08-16 11:33 pm By Sam Matthews

A former debt collector who accused the ATO of using heavy handed debt collection tactics against taxpayers has asked the High Court to overrule a decision that found he was not immune from prosecution. In a decision handed down in June, the South Australia Court of Appeal dismissed Richard Boyle’s second bid for immunity from…

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NSW Supreme Court’s top judge goes on defensive as class action filings dry up
Class Actions 2024-08-15 11:36 pm By Christine Caulfield

The top judge of the NSW Supreme Court, which has seen a precipitous drop in class actions, has defended his court and taken shots at the Supreme Court of Victoria and the Federal Court for embracing contingency fees for class action lawyers.

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GM can’t ‘walk away’ from language of settlement with class action plaintiff: appeals court
Class Actions 2024-08-15 11:03 pm By Sam Matthews

General Motors has failed to overturn a decision that put it on the hook for the applicant’s full costs in a partial settlement in a class action on behalf of Holden dealers, with an appeals court finding GM could not “walk away” from the ordinary meaning of the phrase ‘the plaintiff’s costs of the proceedings’.

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Moray & Agnew settles suit alleging it was 6 years late with costs agreement
Business of Law 2024-08-14 11:54 pm By Cat Fredenburgh

A former client of Moray & Agnew alleges the law firm waited six years after taking instructions before providing it with a costs agreement, claiming it racked up a $330,000 legal bill during this time.

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