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Amid push for reforms, judges refuse to recuse themselves time and againa
Courts 2023-01-18 4:09 pm By Sam Matthews

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.

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Appeals court sets aside arbitration award in Chevron gas field dispute
Arbitration 2023-01-18 2:59 pm By Sam Matthews

An appeals court has dismissed an appeal from two contractors who worked on Chevron’s Gorgon gas field project who allege they were underpaid over $130 million by the energy giant.

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Media protests new Federal Court rules limiting public’s access to documents
Media 2023-01-17 7:12 pm By Cindy Cameronne

Editors and journalists from Australia’s largest news organisations have protested recent changes to the Federal Court Rules that restrict the public’s access to documents filed with the court, calling it a “full-frontal assault” on open justice. 

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From $2.8M win to just $6,000, Microsoft’s case against computer retailer crashes to earth
Intellectual Property 2023-01-16 1:35 pm By Sam Matthews

Microsoft has won a pittance for copyright infringement but copped a “substantial costs order” in its six-year-old intellectual property suit against a Melbourne computer retailer over its Windows 7 software, which previously netted the Silicon Valley giant a $2.8 million payout from Judge Sandy Street that was slammed as a “regrettable” judicial failure.

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Gina Rinehart’s Hancock Prospecting can’t halt case pending arbitration in 20-year feud
Energy & Natural Resources 2023-01-16 11:24 pm By Sam Matthews

Hancock Prospecting has lost a bid to shut down court cases brought by fellow mining giants Wright Prospecting and DFD Rhodes until the outcome of a family arbitration, after a judge found the company’s own forensic choices made the risk of inconsistent decisions inevitable.

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Former KWM solicitor, now judge, won’t recuse herself from United Petroleum case
Legal Ethics 2023-01-13 4:46 pm By Sam Matthews

A judge who previously acted for a United Petroleum Group company in a “highly acrimonious” case eight years ago has refused to recuse herself from adjudicating a new dispute involving a related company.

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Lawyers restrained from acting in property dispute, referred to legal watchdog
Legal Ethics 2023-01-13 12:38 pm By Sam Matthews

A prominent Melbourne lawyer and his wife have been restrained from acting in a property dispute, after a judge found they misled the court and facilitated a false settlement in favour of their clients.

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Class action members benefit when funder’s payout in line with risk, judge says
Class Actions 2023-01-13 10:37 pm By Christine Caulfield

In reasons for approving a $41 million deal to settle one of three shareholder class actions over Slater & Gordon’s acquisition of a UK firm and awarding the funder 28 per cent, a judge has challenged a persistent notion that the interests of litigation funders and group members are at odds.

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Judge imposes $450,000 penalty against Australian Mines
Energy & Natural Resources 2023-01-13 3:49 pm By Cat Fredenburgh

A judge has approved a $450,000 penalty against Australian Mines in ASIC proceedings brought after its managing director was allegedly caught lying at an investment conference about the value of an offtake agreement and funding for a project at its cobalt and nickel mine in Queensland.

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Court dismisses unrepresented pensioner’s class action against Department of Social Services
Class Actions 2023-01-13 2:56 pm By Sam Matthews

A judge has dismissed a class action brought by a pensioner against the Department of Social Services over its real estate asset testing for pensions, citing his lack of legal representation.

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