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Court’s OK to thumbs-up signature shows perils of toying with emojis
Contracts 2023-07-18 11:00 pm By Christine Caulfield

A judge’s decision that the thumbs-up emoji on a contract constitutes a valid signature is the latest court ruling to find that emojis can amount to acceptance of an offer, and serves as a warning about the downsides of the smiley face and its offspring, experts say.

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Three years in, court coming to grips with group costs orders
Analysis 2023-07-17 10:10 pm By Sam Matthews

Three years on from their debut, group costs orders — which entitle law firms to a percentage of any recovery in class actions — have raised a host of novel issues that are keeping lawyers and the court busy.

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‘Unprecedented’ bid to revive Robodebt class action just might work, expert says
Analysis 2023-07-11 10:00 pm By Cindy Cameronne

A law firm is considering an ‘unprecedented’ move to reconvene its class action on behalf of Robodebt victims, which can only happen with the Commonwealth’s permission, but the Albanese government might consent as a way to score political points, an expert has told Lawyerly.

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‘More is more’ approach to pleadings an increasing problem, lawyers say
Analysis 2023-07-05 11:28 pm By Cindy Cameronne

A Federal Court judge who recently ordered new pleadings in a copyright case against CoreLogic is the latest judge fed up with plaintiffs pleading innumerable alternatives that waste court resources, add to the length of trials and extend the wait time for judgments.

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Layoffs unlikely, but salary slowdown coming for lawyers
Business of Law 2023-07-03 4:59 pm By Gareth Baker

Despite a global economic slowdown Australian lawyers won’t face layoffs like their US counterparts, legal insiders say, but some who cashed in during the COVID-19 talent drought shouldn’t expect to see raises any time soon. 

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NACC to kick off with ‘huge backlog’ of referrals
Analysis 2023-06-30 11:20 pm By Cindy Cameronne

The new federal corruption watchdog that commenced operating Friday will likely turn its sights first on the award of public grants, and is expected to face a “huge backlog” of referrals. 

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AI litigation to hit Australian shores before regulation, IP lawyers say
Analysis 2023-06-20 11:46 pm By Sam Matthews

The growing use of generative AI tools such as ChatGPT could shake up the landscape of intellectual property laws in Australia, and novel questions posed by the technology are likely to be answered in the courts before regulators step in, lawyers say.

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Nine’s win in Ben Roberts-Smith defamation case no watershed for publishers
Analysis 2023-06-01 11:17 pm By Christine Caulfield

With truth on its side, Nine’s defeat of soldier Ben Roberts-Smith’s lawsuit was a huge win for investigative journalism in Australia, but while it might make lawyers blink before bringing defamation cases, the victory is not a game-changer, experts say.

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Having their cake and ATEing it too? Class action funders face scrutiny for defraying risk
Analysis 2023-05-23 11:12 pm By Christine Caulfield

As the spotlight on class action costs grows, litigation funders can expect increased judicial scrutiny of their attempts to pass on the cost of after-the-event insurance premiums to class action members.

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PwC tax leak scandal puts spotlight on firms’ uneasy commitment to compliance
Tax 2023-05-17 11:26 pm By Sam Matthews

The tax leaks scandal engulfing PwC has shone a spotlight on the culture of large professional services firms, where ensuring compliance with good governance is akin to “herding cats”, experts say.

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