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Government can’t dodge sovereign bonds climate change class action
Climate change 2021-10-11 2:49 pm By Bianca Hrovat

A climate change activist can continue her lawsuit alleging the federal government failed to disclose the impact of climate change to investors in sovereign bonds, with a court rejecting the Commonwealth’s strike-out application.

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Insurers largely prevail in second COVID-19 test cases
Insurance 2021-10-08 5:13 pm By Christine Caulfield

Insurers have largely succeeded in challenging COVID-19 business interruption losses claimed by a group of small businesses, in an important second test case that could save the industry billions of dollars.

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Lawyers must be double vaccinated to appear in phased live hearings in NSW
Courts 2021-10-08 7:27 pm By Miklos Bolza

The NSW Supreme Court has outlined its roadmap back to holding live hearings but has said that those attending court in person will need to have both COVID-19 vaccination doses.

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Virgin sued by union over privacy concerns linked to COVID-19 jab mandate
Employment 2021-10-08 7:11 pm By Miklos Bolza

The aircraft engineers’ union has filed Federal Court proceedings against Virgin Australia over alleged privacy breaches relating to the airline’s enforcement of its mandatory COVID-19 vaccination policy.

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Arrium directors’ examination for class action not abuse of process, High Court told
High Court 2021-10-07 5:20 pm By Cindy Cameronne

Two shareholders of failed steel giant Arrium have told the High Court that granting their bid to grill former directors of the company would not be an abuse of process because it was in the public interest to “expose” the management of the defunct business.

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COVID-positive barrister’s visit to chambers prompts vaccination push
COVID-19 2021-10-07 6:48 pm By Bianca Hrovat

The Victorian Bar has urged barristers to remain vigilant and get vaccinated against COVID-19 after Owen Dixon Chambers East was named as an exposure site.

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High Court asked to weigh in on Queensland floods class action
Class Actions 2021-10-07 11:25 pm By Cat Fredenburgh

The applicants in the Queensland floods class action have asked the High Court to overturn a judgment which found dam operator Seqwater was not liable because it was functioning as a public authority when operating two dams during the 2011 floods, arguing the case raises important issues about appeals in ‘mega’ litigation.

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High Court frowns on judge’s private chats with counsel
Legal Ethics 2021-10-06 4:51 pm By Bianca Hrovat

Trial judges should not communicate with barristers outside of court, the High Court has ruled in a “troubling” case of apprehended bias that saw a divorcee’s counsel socialising with the judge presiding over her long-running and “tortured” Family Law case.

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Insurers accused of misleading policyholders in COVID-19 insurance class actions
Insurance 2021-10-05 2:36 pm By Bianca Hrovat

Insurers are misleading policyholders about class actions which seek compensation for those denied business interruption coverage for COVID-related shutdowns, a court has heard.

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Public good overrides individual rights in COVID-19 pandemic, NSW tells court
Trials 2021-10-05 9:30 pm By Bianca Hrovat

The New South Wales government has accused anti-vaccination advocates of having a “misguided” and “one-dimensional focus” on the fundamental rights of the individual over those of a community contending with the highly-contagious Delta variant of COVID-19. 

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