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Judge up for costs in false imprisonment case, but not for abandoned expert
Legal Ethics 2023-11-02 11:00 pm By Sam Matthews

A man awarded $300,000 after he was unlawfully imprisoned for contempt has won his legal costs from the judge who jailed him. But a court has rejected his bid to recoup the costs paid to a damages expert in his case, finding he gave her “incomplete, inaccurate and unreliable” instructions.

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Permanent stay of case should be ‘measure of last resort’, High Court says
High Court 2023-11-01 3:51 pm By Cindy Cameronne

The High Court has refused to throw out a personal injury case over 55-year-old child sexual abuse claims, despite the death of the alleged perpetrator and most relevant witnesses, saying a permanent stay is a “measure of last resort”. 

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GCOs can’t travel to NSW, appeals court says in Arrium class action
Class Actions 2023-10-26 12:41 pm By Cindy Cameronne

KPMG has lost the latest round in its fight to transfer a class action over the collapse of steel giant Arrium from Victoria to NSW, with an appeals court finding that a group costs order made in the case could not travel across the border.

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High Court to weigh in on reach of sovereign state immunity
High Court 2023-10-20 5:42 pm By Sam Matthews

The High Court will consider an exception to the general immunity of foreign states for the first time, as it hears an appeal of a decision which found Indonesia’s national airline could avail itself of foreign state immunity to defeat a winding up application.

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Care A2 Plus can try again to block Gensco’s US suit
Food and Beverage 2023-10-18 11:38 pm By Cindy Cameronne

A judge has allowed Care A2 Plus to proceed with an appeal arguing a US lawsuit by former business partner Gensco should be blocked, saying the infant formula company will otherwise face a “risk of substantial injustice”. 

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Care A2 willing to take fight over Gensco’s US suit to High Court
Appeals 2023-10-17 3:12 pm By Cindy Cameronne

Care A2 Plus should be given leave to appeal a ruling over an overlapping US case by former business partner Gensco so that it can file a challenge in the High Court if need be, a court has heard.

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Court awards $300,000 for wrongful imprisonment by family law judge
Legal Ethics 2023-08-30 12:34 pm By Sam Matthews

A Queensland man has prevailed in his case alleging Federal Circuit and Family Court Judge Salvatore Vasta unlawfully imprisoned him for contempt after he failed to comply with an order for particulars, winning over $300,000 in damages.

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Barrister can’t escape fee agreement’s fine print, High Court told
Business of Law 2023-08-21 11:13 pm By Christine Caulfield

A barrister can’t sidestep a clause in a costs agreement with a solicitor that limited when counsel fees are payable by breaching his disclosure obligations and nullifying the agreement, the High Court has been told.

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Dispute over barrister’s fee estimates goes to High Court
Business of Law 2023-08-09 10:00 pm By Sam Matthews

A barrister is taking a dispute over his $320,000 bill to the High Court, but a judge has cast doubt on the appeal’s prospects of success.

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Arrium class action’s potential loss of contingency fee irrelevant to transfer fight, KPMG says
Class Actions 2023-07-27 5:06 pm By Christine Caulfield

The possibility that a NSW judge will revoke a contingency fee order made in a class action over Arrium’s collapse is irrelevant to whether the proceedings should be transferred from Victoria to the appropriate forum, Arrium’s auditor KPMG has told a court.

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