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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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Slater & Gordon gets OK to have separate counsel at GCO settlement approval hearing
Class Actions 2024-05-10 11:15 pm By Cat Fredenburgh

Slater & Gordon has won the court’s nod to be separately represented at an upcoming settlement approval hearing where it will seek a $12.8 million group costs order for running a shareholder class action against G8 Education.

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In win for government, High Court rules Iranian man can be indefinitely detained
High Court 2024-05-10 10:30 pm By Cat Fredenburgh

The High Court has found the indefinite detention of an Iranian man is not unlawful because he could be removed to his home country were he to cooperate with immigration authorities.

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‘Vibe’ will not suffice: Female pilot can’t bring claims that Qantas culture was hostile to women
Employment 2024-05-09 11:07 pm By Cindy Cameronne

A judge has refused to allow a female pilot to bring claims that Qantas engaged in sex discrimination because it had a culture that was “hostile to women”, saying that while the ‘vibe’ of a claim might suffice in the court of public opinion, it could not survive in a court of record.

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Class action firms that play nice should not have a leg up in beauty parade, court told
Class Actions 2024-05-08 11:16 pm By Cat Fredenburgh

Appellate guidance is needed on whether a history of cooperation between law firms that brought competing class actions can be the deciding factor in a close carriage contest, the Victorian Court of Appeal has heard.

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High Court clarifies law on reliance damages in contract spats
Contracts 2024-05-08 3:54 pm By Cindy Cameronne

The High Court has held that a contractor had a “prima facie entitlement” to recoup the costs of building an aircraft hangar in Cessnock, NSW, which it spent in reliance on the local government performing its obligations under their contract, in a case that clarifies how courts should assess reliance damages claims. 

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High Court asked to weigh in on employer’s duty to redeploy before redundancy
Appeals 2024-05-08 11:20 pm By Christine Caulfield

The High Court had been asked to clarify the extent of protection for employers for genuine redundancies under the Fair Work Act, after an appeals court found the exemption was “not absolute”.

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Fugitive developer Jean Nassif can’t revive defamation case against 2GB host
Defamation 2024-05-07 3:30 pm By Cindy Cameronne

International fugitive Jean Nassif, who headed troubled property developer Toplace, has lost his bid to reinstate defamation proceedings against Harbour Radio and 2GB host Ray Hadley, with a judge saying there was no evidence he would return to Australia to prosecute the case. 

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High Court asked to weigh in on client’s burden of proof in HWL Ebsworth negligence case
Business of Law 2024-05-07 11:48 pm By Cat Fredenburgh

The High Court has been asked to weigh in on whether a client needs to prove it could have exploited a lost commercial right in order to prevail in a law firm negligence case, after HWL Ebsworth successfully appealed a decision that found its bad advice over property in Parramatta’s ‘Auto Alley’ cost a client $2 million.

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Funder’s ‘very large’ cut of $100M AMP class action revealed
Class Actions 2024-05-07 11:01 pm By Cindy Cameronne

The funder of a class action by financial advisers against AMP is seeking a $28.5 million profit from a $100 million settlement, a hefty payout that has prompted the appointment of a contradictor but may survive the scrutiny in light of a recent appeals court decision.

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