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The Full Court is set to weigh in on whether judges who make adverse findings on credibility during the liability phase of a hearing should recuse themselves from determining penalty, an issue which a judge has said may require a new court protocol.
Monash IVF and a host of IVF clinics have taken Insurance Australia Ltd to court over coverage ahead of mediation in a class action alleging the companies destroyed potentially viable embryos.
The judge who presided over ASIC’s successful case against payday lender Sunshine Loans has recused himself from deciding on penalty in the matter, saying a new court protocol might be needed for when a judge makes an adverse credit finding during the liability phase of a case.
A judge has rejected claims that an investor in the Callide power station, which suffered a major failure in 2021, was responsible for delays in the administration of the station’s operator IG Power, saying the administrators’ ten month delay in investigating the incident was to blame.
A report into an explosion at a major Queensland power station that left nearly half a million people without power is not protected by legal professional privilege, with a judge finding public statements about the report show it was not commissioned for the dominant purpose of providing legal advice.
Collapsed construction and maintenance company General Trade Industries has lost its bid to revive abandoned claims against AGL in a nearly four-year old contract case over work on two Queensland gas plants, with a judge finding the company has had “more than a sufficient opportunity to plead its case”.
In a win for the Australian Securities and Investments Commission, a judge has found that payday lender Sunshine Loans charged thousands of customers prohibited fees, issuing a scathing judgment condemning the company’s “wrongheaded” conduct.
The mother of murder victim Shandee Blackburn has lost her bid to have a judge decide ahead of trial whether acquitted suspect John Peros suffered serious harm from Facebook posts that allegedly accused him of being a murderer.
A judge has signed off on a $26 million settlement in a shareholder class action against Ardent Leisure over the 2016 Dreamworld tragedy, including $7.8 million for the funder that backed the case and $5 million in legal costs.
The firm and funder that ran a shareholder class action against Ardent Leisure over the 2016 Dreamworld tragedy are seeking deductions totalling more than half of the $26 million settlement reached in the case.