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In win for government, High Court rules Iranian man can be indefinitely detained
High Court 2024-05-10 10:30 pm By Cat Fredenburgh

The High Court has found the indefinite detention of an Iranian man is not unlawful because he could be removed to his home country were he to cooperate with immigration authorities.

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No Crown immunity for damage to sacred sites in NT, High Court says
High Court 2024-05-08 11:02 pm By Christine Caulfield

The Commonwealth can be held criminally responsible for damage to First Nations sacred sites in the Northern Territory, the High Court has unanimously found in a case over construction damage to Gunlom Falls in Kakadu National Park.

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High Court clarifies law on reliance damages in contract spats
Contracts 2024-05-08 3:54 pm By Cindy Cameronne

The High Court has held that a contractor had a “prima facie entitlement” to recoup the costs of building an aircraft hangar in Cessnock, NSW, which it spent in reliance on the local government performing its obligations under their contract, in a case that clarifies how courts should assess reliance damages claims. 

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High Court asked to weigh in on employer’s duty to redeploy before redundancy
Appeals 2024-05-08 11:20 pm By Christine Caulfield

The High Court had been asked to clarify the extent of protection for employers for genuine redundancies under the Fair Work Act, after an appeals court found the exemption was “not absolute”.

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High Court asked to weigh in on client’s burden of proof in HWL Ebsworth negligence case
Business of Law 2024-05-07 11:48 pm By Cat Fredenburgh

The High Court has been asked to weigh in on whether a client needs to prove it could have exploited a lost commercial right in order to prevail in a law firm negligence case, after HWL Ebsworth successfully appealed a decision that found its bad advice over property in Parramatta’s ‘Auto Alley’ cost a client $2 million.

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Judge fell short of expected standards of conduct, legal watchdog finds
Courts 2024-05-06 11:38 am By Christine Caulfield

A County Court of Victoria judge has been found to have breached the standards of conduct generally expected of judicial officers in his handling of a rape trial, following a complaint by the state’s top prosecutor.

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Retiring judge who presided over Ben Roberts-Smith case praised as ‘masterful’
Courts 2024-05-06 11:18 pm By Cat Fredenburgh

Federal Court Justice Anthony Besanko was praised as hard working, a “model of humility and generosity” and “masterful” during a farewell ceremony on Monday attended by a host of legal luminaries.

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High Court judge warns against ‘unseemly competition’ between courts
Courts 2024-05-02 11:55 pm By Cindy Cameronne

A recently appointed High Court judge has warned against state and federal courts competing to attract cases, expressing concerns the appearance of impartiality could be compromised if courts sought to “drum up business at the expense of defendants”. 

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Go-to barrister for ASIC appointed judge on NSW Supreme Court
Courts 2024-05-02 11:36 pm By Cat Fredenburgh

A leading commercial barrister who represented ASIC in its first fees-for-no-service case stemming from the banking royal commission has been appointed a judge on the NSW Supreme Court.

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With constitutional issue on cards, Full High Court to hear KPMG’s class action transfer push
Class Actions 2024-05-02 11:41 pm By Sam Matthews

The Full High Court will sit for the hearing of KPMG’s battle to transfer a Victoria class action to Sydney, as the applicant in the case raises a question as to the constitutional validity of the firm’s argument that the NSW Supreme Court is bound to keep a group costs order operative. 

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