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FWC’s ‘harsh’ comment about Mantle Group gave rise to appearance of bias, High Court told
Employment 2024-05-22 11:01 pm By Cat Fredenburgh

Hospitality giant Mantle Group has asked the High Court to find a statement by a full bench of the Fair Work Commission accusing it of acting “extraordinarily and contumaciously” during a dispute about a ‘sham’ enterprise agreement gave rise to an appearance of bias.

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Judge won’t dock developer’s case against NSW Ports over privatisation deal
Competition & Consumer Protection 2024-05-22 11:32 pm By Cat Fredenburgh

A New South Wales developer’s competition case against NSW Ports over a ports privatisation agreement looks bound for the High Court after a judge found a related ACCC proceeding did not bar it from bringing the case, which will challenge a Full Court finding that the ports operator was shielded by derivative Crown immunity.

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‘Shock and Orr’ warmly welcomed to the Victoria Court of Appeal
Courts 2024-05-21 11:29 pm By Christine Caulfield

She earned the nickname ‘Shock and Orr’ as senior counsel assisting the banking royal commission, but the Victoria Court of Appeal’s newest judge told those gathered to welcome her to the bench on Tuesday that she thought twice before accepting the daunting assignment.

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Vic Supreme Court can’t prefer own state’s policy in class action transfer bid, High Court told
Class Actions 2024-05-21 11:08 pm By Sam Matthews

Supporting KPMG’s bid to move a class action over the collapse of Arrium from Melboure to Sydney, former directors of the failed steel company have told the High Court the Victoria Supreme Court was impermissibly preferring the policy of its state in finding a contingency fee order made in the case could be factored into a transfer application.

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AG tells High Court Judge Vasta not immune from false imprisonment claim
High Court 2024-05-21 11:25 pm By Cindy Cameronne

The attorney-general of South Australia wants to intervene in a High Court appeal of a ruling that put Judge Salvatore Vasta on the hook for a man’s false imprisonment, saying the judge was not entitled to immunity but that police and correctional officers were.

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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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High Court asked to resolve appellate court split on class closure
High Court 2024-05-15 11:22 pm By Cindy Cameronne

The High Court has been asked to overturn a NSW Court of Appeal decision finding it had no power to exclude unregistered group members from a settlement, which conflicted with Federal Court precedent, hearing the divergence of the important issue “can only be resolved by the High Court”.

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Supreme Court urges ‘caution’ in use of AI by lawyers
Business of Law 2024-05-15 11:22 pm By Christine Caulfield

The Supreme Court of Victoria has issued ground rules for deploying artificial intelligence in litigation, urging litigants to exercise “particular caution” when using ChatGPT and other generative AI tools to draft affidavits and witness statements.

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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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Unvaccinated DP World workers lose appeal bid for reinstatement despite ‘harsh’ dismissal
Employment 2024-05-14 11:11 pm By Andy Sidler

A group of DP World workers previously found to have been “blindsided” by their dismissal for refusing a mandatory COVID-19 jab have failed in a bid to appeal a decision that found their reinstatement inappropriate.

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