Crime
Ben Roberts-Smith granted bail in war crimes case
Victoria Cross recipient Ben Roberts-Smith has won bail under strict conditions after persuading a NSW judge there were exceptional circumstances in favour of releasing him from custody pending trial.
ACCC
ACCC has ‘strong prima facie case’ against Mastercard, former chair says
Former ACCC chair Allan Fels says the competition regulator appears to have a strong misuse of market power case against Mastercard, but noted the credit card giant may raise arguments about two-sided markets in defending the claims.
Class Actions
Beach Energy class action needs to tighten up pleading on loss, judge says
A judge has rejected a bid to amend a shareholder class action against Beach Energy, saying the way the applicant had articulated its case on loss by reference to an expert report was “apt to lead to confusion”.
M&A
IAG’s proposed $1.35B acquisition of RACWA faces further review, again
The ACCC will look deeper at IAG's proposed acquisition of the RACWA's insurance operations for the second time, saying there were concerns the transaction could substantially lessen competition.
Employment
Accenture must face claims exec axed for flagging $40M in underpayments
Accenture has lost its bid for summary judgment in a former HR exec's case alleging she was booted from her role after raising concerns the company could be liable for $40 million in backpay.
White Collar
Beacon Minerals project manager pleads guilty to insider trading
A former Beacon Minerals project manager who managed the gold exploration drilling program for the company's Jaurdi gold project in Western Australia has pleaded guilty to one count of insider trading.
Class Actions
‘The court expects more of lawyers’: Judge reams class action litigators
A judge has bawled out lawyers in a case against water treatment firm Phoslock and auditor KPMG for putting forward a High Court ruling for the mistaken proposition that he had power to make the class closure order sought.
AI
Federal Court goes its own way with AI practice note
The Federal Court has taken a more permissive approach to the use of generative AI than the NSW Supreme Court, allowing tools like ChatGPT to be used in creating affidavits with the proviso that the use must be disclosed.
Legal Ethics
Banksia silk says he’s already been punished, should not go to jail
Former silk Norman O’Bryan argued Thursday for no prison time after pleading guilty in a criminal case over his role in the Banksia Securities class action. And he could win the argument, with a judge saying she was considering a community service sentence.
Justice Elisabeth Peden
Lawyer for council hit with $1M costs for ‘incredible, illogical’ testimony
The former lawyer for Broken Hill Council, who was ordered to return over $2 million in unauthorised fees, has been socked with a $1 million order for indemnity costs for his “exceptional” conduct in a hearing over his firm's rates.
