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Judge slams solicitor’s ‘competing commitments’ excuse for late evidence in $54M suit
Construction 2024-06-19 11:55 pm By Cindy Cameronne

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”.

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Human rights group loses appeal fight to bring home Australians from Syrian refugee camp
Human Rights 2024-06-18 12:13 pm By Cindy Cameronne

The Full Federal Court has dismissed an appeal by human rights group Save the Children, which sought to bring home Australians stuck in Syrian camps, rejecting as “mere conjecture” claims that Home Affairs had a repatriation arrangement with an authority in Syria.

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Callide power station administrators to blame for delays to DOCA, judge says
Energy & Natural Resources 2024-06-18 4:06 pm By Cindy Cameronne

A judge has rejected claims that an investor in the Callide power station, which suffered a major failure in 2021, was responsible for delays in the administration of the station’s operator IG Power, saying the administrators’ ten month delay in investigating the incident was to blame.

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Prosecutor struck from roll over drug offences linked to work-related PTSD
Legal Ethics 2024-06-18 10:18 pm By Cindy Cameronne

A former Queensland prosecutor has had his name struck from the roll after committing several drug offences, despite a judge finding the crimes were linked to post-traumatic stress disorder he developed from exposure to child exploitation material at work. 

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Apple can’t patent touchscreen interface
Intellectual Property 2024-06-14 4:03 pm By Cindy Cameronne

An IP Australia delegate has shot down Apple’s application to patent a touchscreen interface used on its electronic devices, calling the invention a “logistical scheme” for organising media files rather than a technological innovation. 

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Callide explosion report commissioned by Norton Rose not privileged, court says
Energy & Natural Resources 2024-06-13 11:40 pm By Cindy Cameronne

A report into an explosion at a major Queensland power station that left nearly half a million people without power is not protected by legal professional privilege, with a judge finding public statements about the report show it was not commissioned for the dominant purpose of providing legal advice.

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Fees, commission to eat up half of $40M settlement in RCR Tomlinson class action
Class Actions 2024-06-13 4:27 pm By Cindy Cameronne

A judge has approved a $40 million settlement in a shareholder class action against collapsed engineering firm RCR Tomlinson, with almost half of the settlement to go towards a funder’s commission and legal fees. 

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Silk Norman O’Bryan can’t appeal findings of fraud in Banksia class action
Appeals 2024-06-13 11:08 pm By Christine Caulfield

Unable to convince an appeals court that a common law right of appeal exists, disgraced former barrister Norman O’Bryan has failed in his challenge to findings of fraud in a judgment stemming from the Banksia class action saga.

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Griffin Coal receivers dodge misconduct investigation over coal supply agreements
Energy & Natural Resources 2024-06-11 10:33 pm By Cindy Cameronne

The owner of a major coal power station in Western Australia has lost its bid for an inquiry into alleged misconduct by the receivers of collapsed Griffin Coal after they tried to avoid obligations under coal supply agreements, with a judge saying the allegations were “relatively trivial”. 

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Founders of streetwear retailer City Beach win $52M fight with ATO
Tax 2024-06-07 11:24 pm By Sam Matthews

The founders of streetwear retailer City Beach have won a fight with the ATO over the taxation of a $52 million disposal of pre-capital gains tax assets.

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