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Court rejects evidence that Piper Alderman work properly delegated in Fogo Brazilia case
Restructuring & Insolvency 2022-08-11 11:55 pm By Sam Matthews

The liquidator of Fogo Brazilia has lost a bid for a gross sum costs order against the restaurant chain, after a judge found that legal representatives Piper Alderman did not appear to appropriately delegate, with hours of grunt work performed by a partner at the firm.

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Melbourne University taken to court for adverse action against casual academics
Employment 2022-08-11 11:18 pm By Sam Matthews

The Fair Work Ombudsman has taken the University of Melbourne to court, alleging it took adverse action against two casual academics to prevent them from claiming payment for work performed outside of their contracted hours.

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Trial judge in Brambles class action questions long-term financial forecasts
Trials 2022-08-10 11:50 pm By Sam Matthews

A judge overseeing the trial in a shareholder class action against chain logistics company Brambles has questioned the company’s use of long-term financial forecasts.

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Law firm dodges personal costs order in client’s case alleging negligence
Construction 2022-08-11 11:30 pm By Sam Matthews

A judge has rejected a $225,000 personal costs order sought against a Sydney-based law firm by a homeowner in a beef with a builder, over what the homeowner claimed was a “woefully prepared” case in the NSW District Court.

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Mystery funder in WestConnex class action can’t escape security for costs
Class Actions 2022-08-10 1:13 pm By Sam Matthews

An appeals court has rejected a bid to challenge a decision forcing an unnamed litigation funder to give $415,000 in security for the NSW government’s defence costs in a class action alleging the fraudulent acquisition of land for the construction of the $16 billion WestConnex tunnel.

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High Court says ban on secret filming by animal activists no loss to freedom of speech
High Court 2022-08-10 11:03 pm By Sam Matthews

The High Court has dismissed a constitutional challenge by an animal welfare group to legislation banning publication of secret recordings, ruling that the law’s protection of privacy did not violate the activists’ freedom of speech.

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HWL Ebsworth accused of providing bad legal advice to Hong Kong developer
Real Estate 2022-08-09 11:05 pm By Sam Matthews

A Hong Hong-based developer has accused HWL Ebsworth of failing to advise that by using a foreign-domiciled vehicle to purchase a share in a lender that provided mortgages to overseas buyers in two of Melbourne’s biggest developments it would subject the mortgages to Foreign Investment Review Board review.

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‘If they were my clients I’d advise them to opt out’, barrister tells Aveo class action judge
Class Actions 2022-08-09 11:06 pm By Sam Matthews

The first ever amicus appointed in a fight over the wording of an opt out notice in a class action has told a court a proposed novel funding model in a case against retirement home provider Aveo Group could be a “nightmare scenario” for certain group members.

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Norton Rose Fulbright hit with two negligence suits over property sale advice
Real Estate 2022-08-09 11:13 pm By Sam Matthews

Norton Rose Fulbright has been hit with two negligence suits in a week blaming the law firm for botched property sales in Victoria six years ago.

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Silk’s cancellation fee not recoverable after vacated trial
Business of Law 2022-08-08 4:29 pm By Sam Matthews

A judge has declined to pass on a senior barrister’s $18,000 cancellation fee as part of an adverse costs order for a vacated trial, noting that such fees are not standard or common practice.

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