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Hotel detention legal, but lacked ‘care and humanity’, judge says
Human Rights 2023-07-06 10:27 pm By Gareth Baker

A federal court judge has slammed Australia’s use of makeshift hotel detention centres as lacking “ordinary human decency”, but ruled they are not illegal in the case of a Kurdish refugee who was held for 14 months in two Melbourne hotels. 

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Law school dean takes the reins as sex discrimination commissioner
Human Rights 2023-07-06 1:40 pm By Gareth Baker

The Albanese government has named a Sydney university law professor as Australia’s new Sex Discrimination Commissioner.

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Irritated judge pushes off 2nd junior doctors class action trial
Employment 2023-07-05 4:35 pm By Sam Matthews

A judge has adjourned a trial in a case brought by junior doctors seeking to recoup alleged unpaid overtime, despite noting his annoyance over the applicants’ “180 degree turn” on the question of whether the hearing should await delivery of judgment in a related case.

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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Construction 2023-07-04 4:19 pm By Sam Matthews

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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Financial stakes high in Atanaskovic Hartnell’s challenge to ‘campaign of denigration’ ruling
Employment 2023-07-04 3:10 pm By Gareth Baker

An appeal by Atanaskovic Hartnell over a $330,000 damages judgment in favor of a former general manager is motivated in part by the court’s award of costs in what is a typical ‘no-cost’ employment case, the firm has told a judge, who questioned how much money had been spent on the case already.

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GetSwift boss still can’t be found, court hears in lawsuit brought by co-founder
Securities 2023-07-04 2:23 am By Sam Matthews

GetSwift director Joel Macdonald still has not been served almost a year after his former Melbourne Demons teammate James Strauss filed a $15 million lawsuit against him, with a judge adjourning yet another substituted service application.

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Time to end this ‘sorry business’: Court tosses objection to EY settlement
Professional Negligence 2023-07-03 4:08 pm By Cindy Cameronne

A court has blessed a trust’s settlement with Ernst & Young that resolves a negligence case linked to a decade-long tax dispute that went to the High Court, rejecting an objection to the deal and saying it was “time this matter was brought to a conclusion”.

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Lighthouse largely fails to keep evidence under wraps in $328M dispute with East Timor
Energy & Natural Resources 2023-07-03 10:22 pm By Sam Matthews

Oil company Lighthouse Corporation has lost its bid to force East Timor to jump through hoops to access a suite of documents in a $328 million dispute over a failed fuel supply agreement, but has succeeded in keeping the documents out of public hands amid fears by its director for his safety.

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Judge wants more evidence for law firm’s 30% cut in IAG class action
Insurance 2023-06-30 3:40 pm By Sam Matthews

A judge overseeing a shareholder class action against Insurance Australia Group says more evidence is needed to back the applicant’s bid for an order giving lawyers 30 per cent of any recoveries.

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Stalled $2B Central Barangaroo development in legal privilege stand-off
Construction 2023-06-30 10:47 pm By Gareth Baker

The NSW government and the former developer of a stalled $2 billion Central Barangaroo development project are headed for a discovery showdown in their $270 million stoush, with both sides fighting to protect what they say are privileged communications.

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