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High Court judgment sparks concern for isolated judges
Courts 2021-10-14 9:04 pm By Bianca Hrovat

A recent High Court ruling that condemned communication between trial judges and barristers outside of court could have dire consequences, including further isolation for members of the bench, experts warn.

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Banksia class action judgment shows force of Vic’s overarching obligations
Legal Ethics 2021-10-14 10:44 pm By Editor

This week’s judgment referring the conduct of lawyers behind the Banksia class action to prosecutors shows the effectiveness of unique legislative provisions in Victoria that should serve as a blueprint for federal reform, says barrister and University of New South Wales adjunct professor Dr Peter Cashman.

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Hall & Wilcox nabs two Big Six lawyers to grow employment practice
Employment 2021-10-14 11:35 am By Bianca Hrovat

Independent Australian law firm Hall & Wilcox has nabbed “high calibre” employment lawyers from Corrs Chambers Westgarth and King & Wood Mallesons as it seeks to expand its presence in Western Australia.

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Government can’t dodge sovereign bonds climate change class action
Climate change 2021-10-11 2:49 pm By Bianca Hrovat

A climate change activist can continue her lawsuit alleging the federal government failed to disclose the impact of climate change to investors in sovereign bonds, with a court rejecting the Commonwealth’s strike-out application.

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Day of reckoning arrives for Banksia class action lawyers
Feature 2021-10-08 10:50 pm By Christine Caulfield

It has been described as the darkest chapter in Victoria’s legal history, an exemplar of all that is terrible with class actions in Australia. A case of greedy lawyers who found their golden egg in a group of retirees who had lost their life savings, never thinking the chickens might come home to roost. Until now.

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Barrister fights to remain anonymous as NSW Bar seeks stiffer penalty for lewd act
Legal Ethics 2021-10-08 9:20 pm By Bianca Hrovat

An appeals court hearing the case of a barrister who allegedly made a sexual comment to a clerk while intoxicated at a dinner following a legal industry event has questioned how a professional reprimand can serve a protective purpose if the person remains unnamed.

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‘A clear and alarming trend’: Litigation funding group slams latest class action reforms
Class Actions 2021-10-08 3:07 pm By Miklos Bolza

The International Legal Finance Association has slammed the Morrison government’s proposed class action reforms, saying Australians were “systematically being stripped of their ability” to obtain relief through class actions by a “wish list of procedural hurdles” that would make the lawsuits unviable.

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‘Awkward’ reforms spell end to open class actions, barristers say
Class Actions 2021-10-07 11:08 pm By Miklos Bolza

Class action reforms proposed last week by the Morrison government would lead to the “rapid abandonment” of open class actions by law firms and litigation funders, two leading barristers have argued.

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CBA settles with former head of governance who complained of ‘excessive workload’
Employment 2021-10-06 2:57 pm By Cat Fredenburgh

The Commonwealth Bank has resolved a case brought by former head of governance and company secretary Kara Nicholls, who resigned from the bank on Tuesday as part of a settlement of her claims that the governance team was overworked and under-staffed.

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8 tips from top silks for nailing virtual cross-examination
Feature 2021-10-05 9:27 pm By Miklos Bolza

After more than a year-and-a-half of virtual trials, Australia’s barristers have adapted and come up with the best techniques to maintain an edge when cross-examining witnesses in the virtual courtroom.

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