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Mired in interlocutory skirmishes, protracted BHP class action just got more entangled
BHP wants to appeal a decision giving a class action the OK to fix what a judge accepted was an "inadvertent mistake" that resulted in a ruling -- itself the subject of an appeal -- which limited the group member definition.
Complaint retreading old ground against lawyer not oppressive, appeals court says
An appeals court has found that the ACT legal complaints body was entitled to bring a second complaint against a lawyer after a first complaint about the same conduct was summarily dismissed, rejecting an argument that retreading the same ground would be oppressive.
Justin Hemmes’ ‘Establishment’ trade mark should be canceled, court told
Brisbane restaurant Establishment 203 has hit back at a trade mark suit brought by Sydney hospitality mogul Justin Hemmes, telling a court that his ‘Establishment’ trade mark should be canceled.
Lawyer struck from roll after using funds from deceased estates
A Wollongong wills and estates solicitor has been struck from the roll, with the NSW Supreme Court finding it was warranted given the seriousness and extent of the offending, as well as the solicitor's initial reticence to cooperate with the investigation.
Firefighters union fails on appeal in spat with Fire Rescue Victoria
The United Firefighters Union has lost an appeal of two Fair Work Commission decisions, with the Full Federal Court finding that a commissioner did not err in deciding the matter at a later time.
Bruce Lehrmann knew Higgins did not consent, Lisa Wilkinson tells appeals court
Journalist Lisa Wilkinson has filed a notice of contention in Bruce Lehrmann's appeal of a judgment that found he raped colleague Brittany Higgins in Parliament House, claiming Lehrmann wasn't just indifferent to his victim's state of mind but knew she did not consent.
Judge slams solicitor’s ‘competing commitments’ excuse for late evidence in $54M suit
A judge has refused to allow an owners corporation to serve late expert evidence in its case against developer Mirvac over alleged defects in a Sydney apartment complex, saying a solicitor’s explanation about "competing commitments" was inadequate and "a circumstance shared by most members of the legal profession”.
Ex-EY partner seeks to strike out ATO case, claiming substantial defects
A former Ernst & Young partner accused of promoting tax exploitation schemes wants to strike out portions of the ATO's case, but the tax office argues he has threatened the application since last year and is preoccupied with a satellite fight to keep his name out of the media.
EnergyAustralia to amend defence as date set for greenwashing trial over carbon neutral claims
Trial has been set for next May in a case by Australian parents that accuses EnergyAustralia of engaging in misleading conduct in promoting a "carbon neutral" program, a case that puts carbon offset credits under scrutiny.
ASIC says judge erred in assessing Gilbert + Tobin’s advice to crypto provider
ASIC has wasted no time in appealing a judge’s decision to excuse cryptocurrency product provider Block Earner from paying a civil penalty on the basis that it took advice from a leading law firm that was not seen by the court.