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Tyro class action judge OK’s $2.5M in settlement deductions after railing against earlier deal
Class Actions 2023-05-30 11:04 pm By Cindy Cameronne

A judge who eviscerated a prior bid by a law firm and funder to take home 60 per cent of a $5 million class action settlement with Tyro has allowed them to net half of the proceeds, questioning whether some of the costs amounted to a “complete breach” of legal professional duties.

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Solicitor can’t rep client because of conflict risk as potential witness: court
Legal Ethics 2023-05-29 3:08 pm By Cindy Cameronne

A court has barred a law firm from acting in a partnership dispute because one of its solicitors could be a material witness in the case, finding there was a potential conflict between the duty of loyalty the lawyer owed to his clients and his obligation to be honest with the court.

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Corrs Chambers not required to disclose involvement in drafting expert report: Full Court
Legal Ethics 2023-05-19 11:36 pm By Sam Matthews

An appeals court has said that while it might be desirable for law firms to disclose their involvement in drafting expert reports, they are not legally obligated to do so, overturning a finding that Corrs Chambers Westgarth went “far beyond the permissible scope” of involvement in a report prepared for a trade secrets case.

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Class action argues fraud exception makes Norton Rose, Deloitte emails fair game
Class Actions 2023-04-26 11:47 pm By Cindy Cameronne

A class action over the collapse of Walton Construction has argued the National Australia Bank cannot shield communications with Norton Rose Fulbright and Deloitte because they were made to further a fraud or otherwise had an illegal or improper purpose.

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Anti-money laundering regime a ‘blunt instrument’ to apply to lawyers
Analysis 2023-04-24 2:42 pm By Cindy Cameronne

Reforms that would make lawyers subject to the anti-money laundering and counter terrorism financing regime have received mixed reviews from legal professionals, with one expert saying the regime was a “blunt instrument” and could put lawyers in an ill-suited policing role. 

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Lawyers would be subject to anti-money laundering laws under ‘overdue’ reforms
White Collar 2023-04-20 10:21 pm By Cindy Cameronne

Reforms to simplify and modernise Australia’s anti-money laundering and counter-terrorism financing regime will see lawyers and accountants subject to the regulations for the first time.

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‘Diligent’ silk not negligent in advice on lawsuit, judge says
Professional Negligence 2023-04-05 12:53 pm By Sam Matthews

A solicitor and a Sydney silk have been cleared of allegations they gave negligent advice in an action against a law firm, with a judge finding the barrister was “diligent, thorough, careful and ethical”.

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Sydney silk reprimanded for alleged sexual harassment and workplace bullying
Legal Ethics 2023-04-05 11:20 pm By Cindy Cameronne

A leading construction and commercial law silk in Sydney has been subject to a reprimand by the NSW legal services commissioner for alleged sexual harassment and workplace bullying. 

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Law firm’s $16.6M payday OK’d over 7-Eleven class action contradictor’s protests
Class Actions 2023-02-14 11:55 pm By Cindy Cameronne

A judge has blessed a law firm’s $16.6 million legal bill for running two franchisee class actions against 7-Eleven despite a contradictor’s argument that it had a “troubling” practice of deferring its fees to benefit the funder that bankrolled the cases. 

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Barrister found in contempt for repping sons without certificate, but spared conviction
Legal Ethics 2023-02-09 11:11 pm By Christine Caulfield

A Victorian barrister has been found guilty of contempt of court for representing her sons despite an order barring her from legal practice, but a judge dismissed a call by the legal watchdog to record a criminal conviction, saying the lawyer had not been deliberately defiant.

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