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Amid push for reforms, judges refuse to recuse themselves time and again
Requests by litigants for judges to disqualify themselves from presiding over cases were largely denied last year, in a raft of decisions containing lessons for litigants weighing up their own recusal bids in 2023.
Banksia judge rejects recusal push by senior barrister’s wife
Companies associated with the wife of disgraced senior barrister Norman O'Bryan can't get a new judge to hear their battle against a third-party costs summons that would make them jointly liable for a $21.5 million judgment for investors in a class action over Banksia Securities' collapse.
COVID-19 hotel quarantine class action fights state’s bid for stay
A class action on behalf of businesses claiming harm from the 2020 hotel quarantine debacle has fought back against the state of Victoria’s bid to push the case off until a criminal action against the state’s Department of Health has been heard.
Judge laments ‘extremely slow’ COVID-19 hotel quarantine class action
A judge has pulled up legal teams in a class action against the state of Victoria on behalf of businesses that allegedly suffered loss from the 2020 hotel quarantine debacle, saying progress in the case has been “extremely slow”.
Judge slashes law firm’s uplift in Box Hill Institute class action
A judge has approved a $33 million settlement in a class action against vocational education provider Box Hill Institute, but taken the ax to a law firm's proposed 18.25 per cent loading on its fees, saying courts shouldn't approve uplifts for run of the mill legal work.
Banksia judge faces possible recusal bid by companies linked to silk’s wife
The judge whose ruling against the legal team behind the Banksia class action fraud helped redeem the battered reputation of the civil justice system may be asked to disqualify himself from the final fight in the drawn out case.
KPMG’s push to move Arrium class action to NSW goes south
The High Court has dismissed an application by accounting giant KPMG to transfer a class action over the collapse of mining company Arrium from Victoria to NSW.
Companies linked to Banksia class action fraudsters should pay up, court told
Dead or broke, the class action lawyers who schemed to defraud investors in failed Banksia Securities should not escape a $21 million judgment for damages and costs, a court has heard.
Uber loses fight to protect advice by lawyers sought to ‘avoid being caught’
Uber has lost its challenge to a decision that found many of its email exchanges with lawyers were made in furtherance of offences at the centre of class action claims and were not protected by legal professional privilege.
Law firm can’t amend defence in negligence case by teacher wrongly jailed for abuse
A law firm, who along with Piper Alderman and one other firm, is being sued for negligence by a schoolteacher wrongly jailed for the indecent assault of two children has lost a bit to amend its defence at the commencement of the trial.