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Magistrate’s refusal to allow note-taking in courtroom showed possible bias, judge finds
Courts 2023-02-15 1:46 am By Sam Matthews

A local court magistrate showed apprehended bias by not allowing a self-represented plaintiff to take notes during cross-examination, a judge has found.

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Protester’s challenge to COVID-19 lockdown fails on appeal
Appeals 2023-02-13 12:57 pm By Cindy Cameronne

An anti-lockdown protester has lost her appeal of a decision dismissing her legal challenge to Victoria’s stay-at-home orders, with an appeals court finding the reduction in risk to public health “outweighed” impacts on freedom of speech.

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High Court guts peak indebtedness rule in loss for Gunns creditor
High Court 2023-02-08 4:23 pm By Cindy Cameronne

Liquidators for collapsed forestry giant Gunns Plantations have lost a High Court appeal over $1.2 million in payments to a former supplier that confirmed the so-called peak indebtedness rule does not apply in Australian insolvency law.

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Nursing home in COVID-19 class action asked to hand over insurance info
Class Actions 2023-02-06 10:29 am By Cindy Cameronne

A class action against a Victorian aged care home over alleged major failures during the first wave of the COVID-19 pandemic has asked the facility to hand over insurance information and evidence of its financial position. 

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COVID-19 hotel quarantine class action defeats state’s bid for stay
Class Actions 2023-02-03 3:28 pm By Sam Matthews

A class action on behalf of businesses claiming harm from the 2020 hotel quarantine debacle has staved off the state of Victoria’s bid for a stay pending a criminal action against the Department of Health.

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ClearLoans agrees to $6M penalty in ASIC’s first COVID-19 case against lender
Financial Services 2023-02-02 3:19 pm By Sam Matthews

Personal lender ClearLoans and its parent company have agreed to pay penalties of just over $6 million to settle the first COVID-19 related case brought by the Australian Securities and Investments Commission.

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Qantas tells High Court it can’t be liable for thwarting ground crew’s future rights
Employment 2023-01-23 10:24 pm By Sam Matthews

Qantas was entitled to take adverse action against ground crew to stave off the possibility of future industrial action, the airline has told the High Court in an appeal of a finding that it breached the Fair Work Act when it outsourced the crew’s work during the height of the COVID-19 pandemic.

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‘Blindsided’: DP World failed to consult workers on COVID jab mandate, says FWC
FWC 2023-01-19 2:46 pm By Cindy Cameronne

The fate of 25 unfair dismissal claims by former DP World employees hangs in the balance after the Fair Work Commission ruled that the stevedoring company failed to consult its workers about its COVID-19 vaccination policy.

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Amid push for reforms, judges refuse to recuse themselves time and again
Courts 2023-01-18 4:09 pm By Sam Matthews

Requests by litigants for judges to disqualify themselves from presiding over cases were largely denied last year, in a raft of decisions containing lessons for litigants weighing up their own recusal bids in 2023.

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Judicial commission would be ‘protective, not disciplinary’, government says
Courts 2023-01-17 2:49 pm By Sam Matthews

The Albanese government is inviting submissions on a federal judicial commission tasked with dealing with alleged misconduct by judges, saying the commission will strive for transparency and will not adopt a disciplinary model.

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