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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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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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Split High Court says proportionate liability claims apply in arbitration
Construction 2024-08-09 11:31 pm By Christine Caulfield

The High Court has issued a ruling that significantly alters the playing field in domestic commercial arbitration, finding that proportionate liability defences can apply despite limitations on claimants joining third parties to disputes.

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ACCC flags competition concerns with Aurizon acquisition of Flinders Logistics
Competition & Consumer Protection 2024-07-11 11:33 pm By Sam Matthews

The consumer regulator has flagged concerns over national freight company Aurizon’s proposed acquisition of stevedoring and logistics business Flinders Logistics, saying the deal could incentivise Aurizon to block other rail haulage providers from accessing a key berth in Port Adelaide.

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Backlash from barristers as Chief Justice backs KO of KC in South Australia
Business of Law 2024-07-01 12:45 pm By Christine Caulfield

Senior South Australian barristers have called on the state’s top judge to retract public statements reportedly made in support of moves by the Attorney-General to abolish the King’s Counsel title, but the judge has told the indignant members of the Bar his comments were taken out of context.

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ATO whistleblower loses appeal over bid for immunity
Tax 2024-06-28 2:46 pm By Cindy Cameronne

A former ATO worker who accused his employer of using heavy handed debt collection tactics against taxpayers has lost his second bid for immunity from prosecution, with an appeals court finding that whistleblowing laws only protect the disclosure itself. 

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Lawyer’s miscalculation justifies extension in Santos engineer’s unfair dismissal case, FWC says
Employment 2024-05-01 1:43 pm By Sam Matthews

A former engineer with Santos has won a bid for more time to bring a claim against the energy giant, with the Fair Work Commission finding “an error in arithmetic” by her lawyer was a reasonable explanation for the out-of-time filing.

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In spat over $365,000 bill, court finds law firm failed to make ongoing disclosures to client
Legal Ethics 2024-04-22 3:41 pm By Sam Matthews

A judge has found that a law firm failed in its duty to provide ongoing costs disclosures, in a fight over a legal bill that was double the size of the last estimate provided, rejecting an argument that the client should have understood the charges would climb.

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Judge’s refusal to disqualify himself from MinterEllison costs dispute overturned
Business of Law 2024-04-10 10:54 pm By Sam Matthews

A judge’s refusal to recuse himself from hearing a costs dispute between MinterEllison and a former client has been overturned, with a court finding that a number of complaints made about the judge by the client created “a contest” between them.

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‘Such a serious departure’: Lawyer struck from roll for failing to pay barristers
Legal Ethics 2024-03-26 11:50 pm By Sam Matthews

A court has struck the name of an Adelaide solicitor from the roll for failing to pay six barristers and misappropriating trust funds, finding the misconduct was not excused by his financial difficulties.

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