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AG tells High Court Judge Vasta not immune from false imprisonment claim
High Court 2024-05-21 11:25 pm By Cindy Cameronne

The attorney-general of South Australia wants to intervene in a High Court appeal of a ruling that put Judge Salvatore Vasta on the hook for a man’s false imprisonment, saying the judge was not entitled to immunity but that police and correctional officers were.

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Solicitor’s caveat over client’s mortgage to satisfy costs not invalid, appeals court says
Appeals 2024-05-21 3:37 pm By Cindy Cameronne

An appeals court has found that a solicitor’s caveat over his bankrupt client’s property was valid, after the client agreed to mortgage his property as security for up to $100,000 in legal costs, saying it was the only binding costs agreement they had.

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Light & Wonder strikes back as Aristocrat mulls suit over Lightning Link trade secrets
Appeals 2024-05-20 11:09 pm By Cat Fredenburgh

Game maker Light & Wonder is fighting orders requiring it to hand over information to Aristocrat Gaming for a possible suit alleging it and two former employees who jumped ship misused confidential information about Aristocrat’s popular Lightning Link and Dragon Link games.

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Decision awarding Jaguar class action to Gilbert + Tobin shot down on appeal
Appeals 2024-05-17 11:09 pm By Cindy Cameronne

A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case. 

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Sydney Uni wins appeal in lecturer’s case over sacking for Nazi swastika slide
Employment 2024-05-17 11:03 pm By Cat Fredenburgh

The University of Sydney has succeeded in a challenge to a finding that an academic was unfairly dismissed after posting to social media a controversial slide of a Nazi swastika superimposed on the Israeli flag, with a majority appeals court finding his union failed to prove the “incendiary” conduct accorded with the standards that entitled him to intellectual freedom.

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Environmental laws ‘ill-suited’ to dealing with threat of climate change, Full Court says
Environment 2024-05-16 11:52 pm By Cindy Cameronne

An appeals court has dismissed an environmental advocacy group’s challenge to the extension of two Mach Energy and Whitehaven Coal mega coal mines in NSW, saying the current environmental laws are “ill-suited” to dealing with the global threat of climate change. 

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High Court asked to resolve appellate court split on class closure
High Court 2024-05-15 11:22 pm By Cindy Cameronne

The High Court has been asked to overturn a NSW Court of Appeal decision finding it had no power to exclude unregistered group members from a settlement, which conflicted with Federal Court precedent, hearing the divergence of the important issue “can only be resolved by the High Court”.

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Activist groups to appeal order to hand up communications with EDO in Barossa gas case
Appeals 2024-05-15 11:43 pm By Andy Sidler

Activist organisations are seeking to challenge orders to hand up communications with the Environmental Defenders Office in its failed case against Santos over the $5.6 billion Barossa gas project, arguing there was no legitimate forensic purpose for the material sought. 

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Optus denies ‘cloaking’ Deloitte report in privilege in data breach class action
Appeals 2024-05-14 10:38 pm By Cindy Cameronne

Optus has denied that it ‘cloaked’ the true dominant purpose of a Deloitte report into a major data breach in 2022, arguing on appeal that the report was privileged and that a class action should not have access to it. 

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I did not commit fraud: Disgraced Banksia silk says he was denied natural justice
Appeals 2024-05-10 11:01 pm By Christine Caulfield

He was struck from the roll for his part in the darkest chapter of Victoria’s legal history, but that hasn’t stopped Banksia class action silk Norman O’Bryan from representing himself in an appeals court challenge to what he claims was a denial of procedural fairness and a false finding of fraud.

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