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Lawyer struck from roll after using funds from deceased estates
Legal Ethics 2024-06-20 11:02 pm By Andy Sidler

A Wollongong wills and estates solicitor has been struck from the roll, with the NSW Supreme Court finding it was warranted given the seriousness and extent of the offending, as well as the solicitor’s initial reticence to cooperate with the investigation.

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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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Not ‘plainly wrong’: NSW appeals court sticks to guns on class closure
Class Actions 2024-04-17 1:12 pm By Cindy Cameronne

The NSW Court of Appeal has said it has no power to exclude group members who do not sign up to a class action from participating in a settlement, upholding a controversial decision that the Full Federal Court said was “plainly wrong”. 

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High Court to weigh in on recovery of costs by self-repped law firms
Business of Law 2024-04-15 11:31 pm By Christine Caulfield

The High Court has agreed to hear a case with implications for law firms that represent themselves in litigation, granting an appeal application by media mogul Bruce Gordon, a former client of Sydney firm Atanaskovic Hartnell.

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ICAC’s findings against Berejiklian based on ‘depressing view of human life’, court told
Appeals 2024-02-26 11:17 pm By Cindy Cameronne

Appealing findings of serious corrupt conduct over her award of state funds to the district of then boyfriend and member of parliament Daryl Maguire, former NSW premier Gladys Berejiklian has told a court politicians can have “personal attachments” while still acting in the public interest.

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A fool for a client? NSW appeals court ruling a boon for self-repped law firms 
Legal Ethics 2024-01-05 8:13 pm By Cindy Cameronne

The NSW Court of Appeal has issued a judgment contradicting a finding from its Victorian counterpart, ruling that law firm Atanaskovic Hartnell can recover costs for work done by its own solicitors in a lawsuit against a former client in which the firm represented itself.

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Surgeons lose appeal in breast implants class action
Appeals 2023-10-26 3:25 pm By Cindy Cameronne

A group of surgeons who worked for The Cosmetic Institute have lost a second bid to declass a representative proceeding on behalf of 13,500 patients who claim they were injured by botched breast augmentation surgery.

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Berejiklian’s ICAC challenge must run ‘expeditiously’, says judge
Public Corruption 2023-10-09 11:26 am By Cindy Cameronne

A judge has set down former NSW premier Gladys Berejiklian’s bid to overturn a corruption finding by ICAC for a hearing in February and urged both sides to run the case expeditiously, saying speed would be a “hallmark” of the proceedings.

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‘Commercial nonsense’ ruling shot down in AMP lease dispute
Real Estate 2023-07-11 10:16 pm By Gareth Baker

Willis Australia has won an appeal against its landlord, AMP Capital, with a court ruling the insurance broker is entitled to withdraw notice it gave in December 2019 to renew its office lease. 

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Lenders of collapsed Arrium lose appeal over directors’ loan drawdowns
Financial Services 2023-05-10 12:23 pm By Sam Matthews

Commonwealth Bank and other lenders of failed steel giant Arrium have lost a second attempt to put two of the company’s directors on the hook for alleged misleading representations on loan drawdown notices ahead of its $2.8 billion collapse.

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