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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The Morrison-era reforms that introduced a fault element to the continuous disclosure laws should be repealed for civil penalty proceedings launched by ASIC, but retained for class actions by shareholders, a report of an independent review of the changes has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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Failed cases against CBA won’t be final word on shareholder class actions
Analysis 2024-05-10 11:55 pm By Cat Fredenburgh

The score in shareholder class actions taken to trial now stands at a dismal 0-5 after a judge tossed class actions against the Commonwealth Bank of Australia on Friday. But don’t expect funders to throw in the towel until the High Court or an intermediate appellate authority has its say, experts told Lawyerly.

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Judge worries about making court orders ‘object of ridicule’ in X case over stabbing videos
Social Media 2024-05-10 11:14 pm By Cindy Cameronne

A judge has expressed concerns that issuing 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 would make the court’s orders an “object of ridicule” since the social media company cannot be forced to comply.

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