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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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Class action filed over ‘substandard’ public housing in WA
Class Actions 2024-08-22 7:52 am By Christine Caulfield

A class action has been launched seeking “housing justice” for Aboriginal tenants living in alleged substandard public housing in Western Australia.

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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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