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Carnival denies Ruby Princess passenger had ‘horrible’ time on ill-fated cruise
Class Actions 2024-08-29 11:06 pm By Cindy Cameronne

Carnival PLC has denied that a passenger, whose husband contracted COVID-19 and had to be put on a ventilator, had a “horrible” time aboard the ill-fated Ruby Princess, in a class action’s appeal of a finding that she was only entitled to $4,000 in damages.

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Ruby Princess class action damages ‘far in excess’ of $4,000 award, Full Court told
Appeals 2024-08-28 11:32 pm By Sam Matthews

A class action against Carnival over a COVID-19 outbreak aboard its Ruby Princess cruise ship has told the Full Court the lead applicant is entitled to damages “far in excess” of the $4,000 awarded by the trial judge for distress and disappointment.

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Carnival says judge’s findings in Ruby Princess class action at odds with reasons
Class Actions 2024-08-27 11:13 pm By Sam Matthews

Cruise operator Carnival PLC has mounted a cross-appeal aimed at overturning a judge’s finding that it negligently failed to prevent a COVID-19 outbreak aboard the Ruby Princess cruise ship, telling the Full Court that the primary judge’s findings were not consistent with his reasons.

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BlueScope says it ‘went close to the line’, but did not breach cartel laws
Competition & Consumer Protection 2024-08-26 11:27 pm By Sam Matthews

BlueScope Steel is seeking to overturn a record $57.5 million penalty for engaging in attempted price-fixing with flat steel distributors, telling an appeals court that it was simply trying to make its competitors understand “it was in their interests to price differently”. 

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Former MP Andrew Laming’s penalty doubled for breaching electoral laws with Facebook posts
Politics 2024-08-23 11:58 pm By Cindy Cameronne

Former Liberal MP Andrew Laming has been hit with a $40,000 fine for failing to disclose that he was behind three politically motivated Facebook posts in 2018 and 2019.

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‘Dog chasing its tail’: Long-running $320,000 costs dispute between solicitor and barrister settles
Business of Law 2024-08-21 4:31 pm By Cindy Cameronne

A Sydney barrister and solicitor have settled a dispute over a $320,000 bill initially estimated to cost $60,000 after an appeals court found two costs agreements were void and held that courts should take a “purposive approach” to the rules governing costs disclosure obligations. 

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HWL Ebsworth client rejected $1.35M offer to settle negligence case
Professional Negligence 2024-08-19 11:43 pm By Cindy Cameronne

HWL Ebsworth has won indemnity costs against a former client who alleged the firm gave negligent advice over property in Parramatta’s ‘Auto Alley’, with a court saying the client was the “author of the outcome about which it complains” by rejecting a $1.35 million settlement offer.

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iProsperity liquidators can prioritise $62.5M claims against Crown, Star: Full Court
Restructuring & Insolvency 2024-08-19 11:59 pm By Cindy Cameronne

The former general manager of iProsperity has lost his challenge to the collapsed fund manager’s liquidators getting more time to investigate $18 million in payments he received, with the Full Court finding they were not wrong to prioritise investigations into $62.5 million in payments to Crown and The Star.

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High Court asked to weigh in on scope of whistleblower protections
Appeals 2024-08-16 11:33 pm By Sam Matthews

A former debt collector who accused the ATO of using heavy handed debt collection tactics against taxpayers has asked the High Court to overrule a decision that found he was not immune from prosecution. In a decision handed down in June, the South Australia Court of Appeal dismissed Richard Boyle’s second bid for immunity from…

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Judges don’t have to give ‘running commentary’ on oral submissions, court says
Courts 2024-08-15 11:02 pm By Sam Matthews

An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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