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Courtside with the swift ‘Hammer’ of justice
People In The News 2019-10-18 2:06 pm By Amelia Birnie

Justice David Hammerschlag of the NSW Supreme Court has a way with words that readily lends itself to dramatic courtroom headlines. The “Hammer,” as he is known, also pulls no punches and is quick with one liners that keep counsel on their toes. Here, Lawyerly looks at some of the recent best moments inside courtroom 7D.

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Allens class actions ace Jenny Campbell thrives on the unpredictable
Women in law 2019-10-18 12:07 pm By Amelia Birnie

The careful, methodical approach of 20-year class action veteran and Allens partner Jenny Campbell is in demand in the fast-changing class action world, where the only certainty is uncertainty.

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Judge tosses lawsuit against personal injury firm over sexual assault settlement
Legal Ethics 2019-10-17 1:57 pm By Amelia Birnie

A judge has dismissed a professional negligence claim against a personal injury law firm, finding no prospect of success for a former client who alleged the firm “coerced” him into settlement of a workplace sexual assault case so they could receive their costs.

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Judge rejects $42M Murray Goulburn class action settlement, says funder’s cut too high
Class Actions 2019-10-16 2:07 pm By Christine Caulfield

A judge has refused to sign off on a $42 million settlement of a class action against dairy giant Murray Goulburn, saying the commission sought by the funder appeared out of proportion to the risk and above the going rate.

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Female barristers doing more work for less overall pay, new report shows
Business of Law 2019-10-11 5:28 pm By Amelia Birnie

A new report from the Law Council of Australia has revealed female barristers are doing more work for less money overall, with equitable briefing improvements outstripped by slow growth in fee parity.

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NSW government points finger at developer in Opal Tower class action
Class Actions 2019-10-02 9:01 pm By Amelia Birnie

The NSW government’s Sydney Olympic Park Authority, which is facing a class action brought by owners of apartments at the troubled Opal Tower, has laid the blame on the developer, designer and builder behind the project.

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Channel 7 loses defamation case over ‘manifestly unreasonable’ welfare cheat story
Defamation 2019-10-01 5:18 pm By Amelia Birnie

Channel Seven has lost a six-year defamation battle over a Today Tonight story that described a woman on single parenting payments as “the Centrelink cheat who got away”, after an appeals court found the publication was “manifestly unreasonable”.

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Solidarity forever: Trade unions make the class action regime strong
Expert Insights 2019-09-30 10:40 pm By Editor

Against a backdrop of an industrial relations system which has diminished union and workers’ power, class actions are again re-emerging as an alternative tool to challenge employers’ unlawful conduct. And in the current class actions landscape, the ability to run closed class proceedings on behalf of union members, or otherwise offer alternative fee arrangements to non-members in open class proceedings, is essential to trade unions’ willingness to embrace the representative proceeding regime, writes Slater & Gordon lawyer Alex Blennerhassett.

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Going Wayback: The current state of using wayback machine evidence in court
Expert Insights 2019-09-27 8:45 pm By Editor

The admissibility of print-outs from the “Wayback Machine – Internet Archive” website is increasingly being considered by the Federal Court of Australia. The decision of Justice Burley in Dyno Nobel Inc v Orica Explosives Technology Pty Ltd on September 17 provides clear insight to the court’s approach to Wayback evidence and the circumstances in which it might be admissible, writes Bird & Bird’s Lynne Lewis and Angelica Sorn.

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Israel Folau offered to apologise for homophobic rant, Rugby Australia tells court
Employment 2019-09-25 11:17 pm By Christine Caulfield

Former Wallabies star Israel Folau offered to make a public apology for a homophobic social media slur that got him fired, a court has been told.

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