Trials

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.

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. 

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.

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.

Health experts have told a court hearing a challenge to a requirement that certain workers get the COVID-19 jab that vaccinations are an effective tool in the fight against the coronavirus, despite the global surge of ‘breakthrough’ infections caused by the outbreak of the highly-infectious Delta strain.

A judge hearing a price-fixing case against steel giant BlueScope has overruled an objection to the ACCCs barrister's allegedly excessive "eye-rolling" and "scathing and sarcastic" manner during a cross-examination in which the company's general manager was accused of lying under oath.

Assessing claims of privilege involving multidisciplinary firms like PricewaterhouseCoopers that offer legal and accounting services is "inherently awkward", a court heard on the final day of a hearing in a privilege battle between the accounting firm and the ATO.

Lockdown orders by the Victorian government and an international travel ban in place last year during the first wave of COVID-19 did not trigger a business interruption clause in an IAG policy at the centre of a test case brought by insurers, a judge heard Monday.

BlueScope Steel general manager Jason Ellis wanted no record kept of a meeting with four of the company's competing steel distributors and warned his national sales manager to keep the talks under wraps, a court hearing the ACCC's price-fixing case was told on Thursday.  

BlueScope has labelled "delusional" an argument by the competition regulator that alleged correspondence from a distributor about the steel company’s suggested higher prices was evidence of price-fixing.