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Family court judge appeals damages for false imprisonment
Appeals 2023-09-28 11:54 am By Cat Fredenburgh

A judge has appealed a ruling that put him on the hook for damages for ordering the wrongful imprisonment of a Queensland man and set off alarm bells and calls for legislation by the nation’s legal bodies.

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‘Giant of the court’ calls for judicial appointments commission
Courts 2023-09-27 11:41 pm By Christine Caulfield

A retiring judge whose career has included oversight of some of Victoria’s biggest cases has called for reforms to the judicial appointments process to address delays in filling vacancies and gaps in the due diligence of nominees to the court.

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Law firm blocked from acting in case against land developer Tina Bazzo
Legal Ethics 2023-09-25 12:10 pm By Sam Matthews

A judge has restrained a Perth law firm from acting in a case against developer Tina Bazzo and her husband, finding an information barrier protocol was not enough to offset concerns about the firm’s prior representation of Bazzo in another dispute.

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Leading commercial silk appointed to Supreme Court
Courts 2023-09-18 11:22 pm By Christine Caulfield

A senior barrister with three decades of experience in commercial law and class actions has been appointed to the Supreme Court of Victoria.

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High Court to clarify availability of pooling orders
Restructuring & Insolvency 2023-09-18 9:55 pm By Cat Fredenburgh

The High Court has agreed to take up a case by a liquidator for two related NSW printing companies that could settle the question of whether pooling orders are available for businesses with common right to sue.

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High Court won’t step in to revive Energy Beverages’ ‘Motherland’ trade mark
Intellectual Property 2023-09-18 11:11 pm By Cat Fredenburgh

The maker of Mother Energy drinks has failed to convince the High Court that it should weigh in on its long-running intellectual property spat with Vittoria Coffee, which ended in the removal of its ‘Motherland’ trade mark.

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High Court to hear appeal of ACCC’s unconscionable conduct win against college
Competition & Consumer Protection 2023-09-15 4:54 pm By Cindy Cameronne

The High Court has granted defunct online educator Captain Cook College special leave to appeal a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, who accrued $60 million in debt but never finished their courses. 

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Peter V’landys stuck with defamation loss after High Court declines special leave
Defamation 2023-09-15 3:59 pm By Cat Fredenburgh

Racing NSW CEO Peter V’landys AM has failed in his bid to have the High Court take up his challenge to an appeals court ruling that found an ABC report on the killing of racehorses was not defamatory despite not being high quality journalism.

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Sydney eatery Quanjude loses COVID-era lease spat after failing ‘radical difference’ test
Contracts 2023-09-14 11:03 pm By Christine Caulfield

A restaurant famous for its Peking roast duck has lost a dispute with Sydney’s World Square Shopping Centre over unpaid rent, with a judge dismissing an argument that compliance with its lease during COVID-19 would have radically altered the eatery.

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High Court rejects Qantas appeal in ground crew sacking case
High Court 2023-09-13 10:44 am By Sam Matthews

The High Court has unanimously dismissed an appeal by Qantas over its decision to outsource its 1,700-strong ground crew at the peak of the COVID-19 pandemic, finding that employers are prohibited from taking adverse action in relation to existing as well as future rights.

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