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HWL Ebsworth defeats client’s bid for High Court review in negligence case
Professional Negligence 2024-09-05 11:49 pm By Cat Fredenburgh

The High Court has declined to grant special leave to a former HWL Ebsworth client seeking to revive a decision that found the law firm’s bad advice over property in Parramatta’s ‘Auto Alley’ cost it $2 million.

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Judge’s ‘Foxy Robinson’ comment did not create appearance of bias: court
Appeals 2024-09-05 11:48 pm By Sam Matthews

Darwin Airport, which is locked in litigation with an airport hotel, has succeeded in overturning a finding of apprehended bias against a Local Court judge for referencing the nickname of the hotel’s director, local construction magnate John ‘Foxy’ Robinson.

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Solicitor found guilty of misconduct for not disclosing interest in CCTV company
Legal Ethics 2024-09-05 3:05 pm By Sam Matthews

A Melbourne solicitor has been fined for applying for compensation on behalf of twenty clients from the Victims of Crime Assistance Tribunal for the installation of CCTV systems by a company which she had an interest in.

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Legal watchdog had power to lay charges against lawyer accused of inappropriate sexual contact: court
Legal Ethics 2024-09-04 11:53 pm By Sam Matthews

The South Australian legal watchdog has won its appeal of a decision which found it did not have the power to lay charges against a lawyer accused of “inappropriate and uninvited” sexual contact with a junior solicitor.

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Sleeping Duck shareholder rejected $4M settlement in failed oppression suit
Securities 2024-09-04 11:32 pm By Andy Sidler

A Sleeping Duck shareholder has been ordered to pay the company’s costs on an indemnity basis in its failed oppression suit, with a judge finding that its decisions to reject Sleeping Duck’s buy-out offers of roughly $4 million were unreasonable.

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Whitehaven Coal shareholders ‘trapped’ after 2012 acquisition, class action trial told
Trials 2024-09-03 11:45 pm By Cindy Cameronne

Shareholders in Whitehaven Coal who helped inject $150 million of capital during a 2012 merger are “trapped” after the ASX-listed coal producer failed to abide by its side of the deal, a class action funded by mining investor Nathan Tinkler has alleged on the first day of trial.

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Judge ‘did not engage’ with necessary issues in Brisbane council worker’s negligence case
Employment 2024-08-30 11:52 pm By Sam Matthews

An appeals court has found that a judge was not justified in dismissing a negligence case by a call centre worker who left her job over abusive phone calls, saying the judge failed to engage with the issues needed to decide the dispute.

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Class action firms can breathe easier after first contingency fee win
Class Actions 2024-08-28 1:59 pm By Cindy Cameronne

Class action settlement approval hearings are not a time for the court to second guess a law firm’s contingency fee as set down in a group costs order, a judge has found, but the question of proportionality is still key, and evidence of a firm’s return on investment and hourly fees may be relevant to the final decision.

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Sydney developer on hook for $11.2M over role in Plutus blackmail scheme
Tax 2024-08-28 11:38 pm By Cindy Cameronne

A property developer has been ordered to pay $11.2 million to the liquidators of Plutus Payroll after a judge found he helped an employee of the defunct payroll services company “wash” money he blackmailed from the company’s directors.

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Judge throws out defamation case over Shandee Blackburn podcast
Defamation 2024-08-27 11:40 pm By Cat Fredenburgh

A judge has thrown out a defamation case by John Peros, the former boyfriend of Shandee Blackburn, over a podcast by The Australian dealing with her murder, finding he did not suffer serious harm from the publication.

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