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Permanent stay of case should be ‘measure of last resort’, High Court says
High Court 2023-11-01 3:51 pm By Cindy Cameronne

The High Court has refused to throw out a personal injury case over 55-year-old child sexual abuse claims, despite the death of the alleged perpetrator and most relevant witnesses, saying a permanent stay is a “measure of last resort”. 

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High Court says distress, disappointment compensable under Tenancy Act
High Court 2023-11-01 5:25 pm By Sam Matthews

The High Court has found that tenants can be compensated for distress and disappointment caused by a landlord’s failure to meet a statutory requirement to maintain the security of a property, in a case brought by an elderly tenant from a remote Indigenous community whose house had no back door for over five years.

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Melissa Caddick’s clients file class action against SMSF auditors
Superannuation 2023-10-27 8:57 pm By Cat Fredenburgh

Twenty-four former clients of Melissa Caddick who were defrauded out $24.5 million have filed a class action against the auditors of the self-managed superannuation funds they used to invest their retirement savings with the Sydney fraudster.

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Insurers can’t get names of COVID-19 business interruption class action registrants
Insurance 2023-10-27 3:10 pm By Cindy Cameronne

A judge has refused a bid by four major insurers to obtain the names of small businesses that register to join COVID-19 business interruption class actions, saying he did not want the companies contacting group members. 

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Bruce Lehrmann revealed as man charged with Toowoomba rape
Courts 2023-10-26 10:21 pm By Christine Caulfield

Bruce Lehrmann has been revealed to be the ‘high profile’ man accused of raping a woman in Toowoomba two years ago.

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Climate change appeal attacks ‘drug dealers defence’ to coal mine extensions
Climate change 2023-10-26 10:52 pm By Cat Fredenburgh

An advocacy group has appealed a judgment that found it was “legally open” to federal environment minister Tanya Plibersek to approve the extension of two mega coal mines in New South Wales.

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Judge’s immunity appeal may go straight to High Court
Courts 2023-10-25 1:27 pm By Sam Matthews

A judge’s appeal of a decision that found he unlawfully imprisoned a man for contempt and was liable for over $300,000 in damages may go straight to the High Court and should be heard before a similar suit by another man jailed by the judge, a court has heard.

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High Court asked to weigh in on advocate’s immunity shield for solicitor
Appeals 2023-10-23 4:18 pm By Sam Matthews

The High Court has been asked to weigh in on the extent of advocate’s immunity in a dispute between a Sydney solicitor and his former clients, after an appeals court found he couldn’t be sued for negligence for failure to include a breach of contract claim in a building dispute.

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High Court to weigh in on reach of sovereign state immunity
High Court 2023-10-20 5:42 pm By Sam Matthews

The High Court will consider an exception to the general immunity of foreign states for the first time, as it hears an appeal of a decision which found Indonesia’s national airline could avail itself of foreign state immunity to defeat a winding up application.

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‘What’s the limit to this?’ Judge questions bid for insurance docs in COVID-19 outbreak class actions
Insurance 2023-10-19 9:15 pm By Sam Matthews

A judge has questioned a challenge by two class actions against Victorian aged care providers to a ruling that rejected their bid for insurance and financial information, which the defendants argue would have far-reaching implications.

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