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Equity = equal: Western Power, Ventia must pay same in Parkerville bushfire costs, court says
Energy & Natural Resources 2024-05-22 11:12 pm By Christine Caulfield

Equitable contribution by Western Power, Ventia and a property owner found jointly liable for the same loss resulting from the Parkerville bushfire in WA must be mathematically equal regardless of how the liability was apportioned, a judge has found.

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ACCC finds consumers in dark about how their data is used
Privacy & Cybersecurity 2024-05-21 11:26 pm By Andy Sidler

Consumers are “generally unaware” of the extent to which data firms and third parties mine and utilise their data, according to a report by the Australian Competition and Consumer Commission. 

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Lawyers no fans of ‘fractured’ approach to continuous disclosure laws
Class Actions 2024-05-17 11:23 pm By Christine Caulfield

What’s good for the goose is good for the gander, lawyers have said in attacking a report to Parliament that recommends abolishing amendments adding a fault element to the continuous disclosure regime for ASIC cases but requiring shareholders to clear the higher bar in class actions.

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NSW Supreme Court top judge worries about ‘slide in public respect’ for courts
Courts 2024-05-17 10:54 pm By Cindy Cameronne

The Chief Justice of the NSW Supreme Court has expressed concerns about a “slide in public respect” for institutions such as the court and the creeping phenomenon of “truth decay”.

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Victorian Liberal leader John Pesutto settles defamation suits by anti-trans rights activists
Defamation 2024-05-17 10:24 pm By Andy Sidler

Victorian Liberal Party leader John Pesutto has settled two defamation lawsuits by organisers of the ‘Let Women Speak Rally’ and apologised for conflating them with neo-Nazis who crashed the event, saying his comments “could have more clearly differentiated between the groups”.

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Report calls for repeal of continuous disclosure reforms for ASIC cases, but not class actions
Policy and Regulation 2024-05-16 11:14 pm By Christine Caulfield

The Morrison-era reforms that introduced a fault element to the continuous disclosure laws should be repealed for civil penalty proceedings launched by ASIC, but retained for class actions by shareholders, a report of an independent review of the changes has recommended.

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Activist groups to appeal order to hand up communications with EDO in Barossa gas case
Appeals 2024-05-15 11:43 pm By Andy Sidler

Activist organisations are seeking to challenge orders to hand up communications with the Environmental Defenders Office in its failed case against Santos over the $5.6 billion Barossa gas project, arguing there was no legitimate forensic purpose for the material sought. 

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Judge blasts eSafety Commissioner bid for global takedown orders against X
Social Media 2024-05-14 10:56 pm By Sam Matthews

A judge has given a poor prognosis to the eSafety Commissioner’s case seeking to have X Corp remove posts that depict a stabbing of a bishop at a Sydney church,  calling it an alarming and unreasonable attempt to exert control over activities abroad.

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Budget funds 8 new judges to clear visa backlog, but legal aid sector gets a ‘fraction’
Policy and Regulation 2024-05-14 11:11 pm By Christine Caulfield

Australia’s peak legal body has welcomed the injection of funds promised in Tuesday’s budget announcement for the appointment of extra federal judges to clear a backlog in migration and protection visa applications. But the funds allocated to legal assistance services is a “fraction” of what is needed, the Law Council said.

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eSafety commissioner can’t maintain injunction against X over church stabbing footage
Social Media 2024-05-13 10:29 am By Cindy Cameronne

A judge has refused to issue a further injunction against X Corp in proceedings by the eSafety Commissioner seeking the removal of posts that depict a stabbing at a Sydney church after raising concerns the order could become an “object of ridicule”. 

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