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Subpoenas can’t be issued ‘willy nilly’ to dodge journalist privilege, judge says in Elaine Stead case
Defamation 2020-11-19 5:48 pm By Miklos Bolza

A judge has set aside a subpoena issued by venture capitalist Elaine Stead in her defamation lawsuit against Fairfax, saying subpoenas could not just be issued “willy nilly” to identify a journalist’s confidential sources.

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‘An order that has never been made before’: Judge preps for contingency fee hearing
Class Actions 2020-11-19 5:02 pm By Miklos Bolza

A Victoria Supreme Court judge hearing two competing class actions against Allianz Australia over “junk” insurance has asked the parties for feedback on what she should consider at a hearing on a request for a group costs order, which would allow the plaintiff lawyers to earn a cut of any settlement or judgment, the first such request made since Victoria legalised contingency fees.

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Shareholders appeal dismissal of Worley class action
Class Actions 2020-11-19 11:47 am By Christine Caulfield

Shareholders who lost a Federal Court trial in their class action against engineering company Worley are challenging the decision to dismiss the case.

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Insurers lose COVID-19 business interruption test case
Insurance 2020-11-18 11:31 pm By Cat Fredenburgh

Insurers will face a flood of pandemic-related claims after an appeals court ruled in a test case brought by the Insurance Council that certain infectious disease exclusions in business interruption cover do not apply to coronavirus-related claims.

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Why law firms should think twice before representing themselves
Legal Ethics 2020-11-18 11:25 pm By Christine Caulfield

A finding this week that Norton Rose Fulbright intentionally misled a former lawyer in an employment dispute and abused the court’s processes threatens the legal career of an equity partner at the firm and is a warning to all firms to think twice before representing themselves in cases involving soured professional relationships.

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Former Leighton exec charged over foreign bribery plot
White Collar 2020-11-18 9:53 pm By Cat Fredenburgh

A former executive of a unit of Leighton Holdings has been arrested and charged with foreign bribery offences following a 9 year-investigation by the AFP into $106 million in bribes allegedly steered to Iraqi officials to win lucrative oil projects.

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ASIC acting chair says Daniel Crennan rental payment disclosures were ‘opaque’
ASIC 2020-11-18 4:46 pm By Christine Caulfield

ASIC acting chair Karen Chester has labelled ‘opaque’ the disclosures made to commissioners a year before controversial rental assistance payments to the regulator’s outgoing deputy chair Daniel Crennan QC were made public, and said the payments would have raised a red flag.

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Epic Games takes competition battle with Apple to Australia
Competition & Consumer Protection 2020-11-17 11:12 pm By Cat Fredenburgh

Epic Games, maker of the popular Fortnite game, has taken its courtroom battle with Apple to Australia, hitting the tech giant with a lawsuit for allegedly abusing its market power.

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Barristers call for end to secrecy of judicial appointments process
High Court 2020-11-17 3:31 pm By Christine Caulfield

The recent appointments to the High Court have mystified some senior members of the bar, raising questions about the secretive nature of the process and prompting renewed calls for an independent judicial appointments panel to expose the selection process to the light of day.

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Thiess loses appeal in unpaid wages class action
Class Actions 2020-11-17 12:42 pm By Miklos Bolza

Mining services company Thiess has lost its challenge to a class action ruling which found the company had underpaid workers for time spent on the bus travelling home from a Pilbara-based liquefied natural gas processing plant owned by Woodside Energy.

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