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Equity = equal: Western Power, Ventia must pay same in Parkerville bushfire costs, court says
Energy & Natural Resources 2024-05-22 11:12 pm By Christine Caulfield

Equitable contribution by Western Power, Ventia and a property owner found jointly liable for the same loss resulting from the Parkerville bushfire in WA must be mathematically equal regardless of how the liability was apportioned, a judge has found.

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‘Shock and Orr’ warmly welcomed to the Victoria Court of Appeal
Courts 2024-05-21 11:29 pm By Christine Caulfield

She earned the nickname ‘Shock and Orr’ as senior counsel assisting the banking royal commission, but the Victoria Court of Appeal’s newest judge told those gathered to welcome her to the bench on Tuesday that she thought twice before accepting the daunting assignment.

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BitConnect’s former Aussie promoter John Bigatton pleads guilty
Cryptocurrency 2024-05-20 11:32 pm By Christine Caulfield

Former BitConnect national promoter John Louis Bigatton has pleaded guilty over his role in marketing the online cryptocurrency platform, a global Ponzi scheme that reached a market capitalisation of $5 billion before its collapse.

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Lawyers no fans of ‘fractured’ approach to continuous disclosure laws
Class Actions 2024-05-17 11:23 pm By Christine Caulfield

What’s good for the goose is good for the gander, lawyers have said in attacking a report to Parliament that recommends abolishing amendments adding a fault element to the continuous disclosure regime for ASIC cases but requiring shareholders to clear the higher bar in class actions.

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NAB faces fraud allegations in $100M class action over collapse of builder Walton
Class Actions 2024-05-17 12:53 pm By Christine Caulfield

A judge has given the green light to amendments to a $100 million class action against NAB over the collapse of Walton Construction, which include new claims of equitable fraud and knowing involvement in misleading and deceptive conduct.

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Report calls for repeal of continuous disclosure reforms for ASIC cases, but not class actions
Policy and Regulation 2024-05-16 11:14 pm By Christine Caulfield

The Morrison-era reforms that introduced a fault element to the continuous disclosure laws should be repealed for civil penalty proceedings launched by ASIC, but retained for class actions by shareholders, a report of an independent review of the changes has recommended.

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Barrister cops suspension after High Court condemns undisclosed relationship with judge
Legal Ethics 2024-05-15 11:03 pm By Christine Caulfield

A barrister who had a “close personal relationship” with a judge presiding over her case has been suspended and fined $10,000, after the High Court ruled their communications gave rise to the appearance of bias and justified recusal. 

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Supreme Court urges ‘caution’ in use of AI by lawyers
Business of Law 2024-05-15 11:22 pm By Christine Caulfield

The Supreme Court of Victoria has issued ground rules for deploying artificial intelligence in litigation, urging litigants to exercise “particular caution” when using ChatGPT and other generative AI tools to draft affidavits and witness statements.

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Sky News appeals loss to Isentia in case of ‘wholesale copying’
Intellectual Property 2024-05-15 11:09 pm By Christine Caulfield

Sky News has taken its fight with Isentia to the Full Federal Court, after a judge found the the media monitor was not liable for copyright infringement despite the “wholesale copying” of content distributed to government clients.

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Budget funds 8 new judges to clear visa backlog, but legal aid sector gets a ‘fraction’
Policy and Regulation 2024-05-14 11:11 pm By Christine Caulfield

Australia’s peak legal body has welcomed the injection of funds promised in Tuesday’s budget announcement for the appointment of extra federal judges to clear a backlog in migration and protection visa applications. But the funds allocated to legal assistance services is a “fraction” of what is needed, the Law Council said.

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