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NAB faces re-trial in adverse action case by worker who committed data breach
Employment 2021-10-12 4:05 pm By Miklos Bolza

A former financial planner found to have engaged in a data breach at National Australia Bank will have her adverse action lawsuit against the bank partially reheard after an appeals court found the judge who tossed the case failed to properly consider why she was fired.

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High Court asked to weigh in on Queensland floods class action
Class Actions 2021-10-07 11:25 pm By Cat Fredenburgh

The applicants in the Queensland floods class action have asked the High Court to overturn a judgment which found dam operator Seqwater was not liable because it was functioning as a public authority when operating two dams during the 2011 floods, arguing the case raises important issues about appeals in ‘mega’ litigation.

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Ex-Dick Smith CFO to appeal $43M victory for NAB
Restructuring & Insolvency 2021-10-07 6:25 pm By Miklos Bolza

Dick Smith’s former CFO will appeal a $43 million judgment in favour of National Australia Bank over his role in the retailer’s collapse.

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High Court frowns on judge’s private chats with counsel
Legal Ethics 2021-10-06 4:51 pm By Bianca Hrovat

Trial judges should not communicate with barristers outside of court, the High Court has ruled in a “troubling” case of apprehended bias that saw a divorcee’s counsel socialising with the judge presiding over her long-running and “tortured” Family Law case.

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‘Horribly offensive’: Peter Dutton tells court of hurt at rape apologist tweet
Trials 2021-10-06 3:37 pm By Cindy Cameronne

Defence minister Peter Dutton has given evidence of his “hurt” at trial in a defamation case over a tweet accusing him of being a rape apologist, while the judge presiding over the hearing has warned lawyers for the tweeter to act as solicitors not “supporters”.

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Carnival keeps up fight to exclude foreign passengers from class action
Competition & Consumer Protection 2021-10-06 5:44 pm By Christine Caulfield

Carnival has launched a challenge to last month’s court finding that overseas passengers could remain group members in a class action over the 2020 Ruby Princess COVID-19 outbreak.

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8 tips from top silks for nailing virtual cross-examination
Feature 2021-10-05 9:27 pm By Miklos Bolza

After more than a year-and-a-half of virtual trials, Australia’s barristers have adapted and come up with the best techniques to maintain an edge when cross-examining witnesses in the virtual courtroom.

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Public good overrides individual rights in COVID-19 pandemic, NSW tells court
Trials 2021-10-05 9:30 pm By Bianca Hrovat

The New South Wales government has accused anti-vaccination advocates of having a “misguided” and “one-dimensional focus” on the fundamental rights of the individual over those of a community contending with the highly-contagious Delta variant of COVID-19. 

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Ben Roberts-Smith fights ‘ridiculous’ bid to make medical records public as trial faces delay
Arthur Moses 2021-10-01 4:29 pm By Cindy Cameronne

Former SAS soldier Ben Roberts-Smith is fighting to shield medical records Fairfax says should be made public to “safeguard open justice”, as trial in his defamation case against the publisher faces further delay due to COVID-19 border restrictions.

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Judge grapples with his ‘white male privilege’ in Erin Molan trial
Trials 2021-09-30 8:57 pm By Cindy Cameronne

A judge has spoken of his personal challenge as an “older, white male” in deciding the objective meaning of racism in Nine Network sports reporter Erin Molan’s defamation case, and said the matter would have been worthy of a trial by jury.

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