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NSW Supreme Court top judge worries about ‘slide in public respect’ for courts
Courts 2024-05-17 10:54 pm By Cindy Cameronne

The Chief Justice of the NSW Supreme Court has expressed concerns about a “slide in public respect” for institutions such as the court and the creeping phenomenon of “truth decay”.

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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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Supreme Court urges ‘caution’ in use of AI by lawyers
Business of Law 2024-05-15 11:22 pm By Christine Caulfield

The Supreme Court of Victoria has issued ground rules for deploying artificial intelligence in litigation, urging litigants to exercise “particular caution” when using ChatGPT and other generative AI tools to draft affidavits and witness statements.

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Budget funds 8 new judges to clear visa backlog, but legal aid sector gets a ‘fraction’
Policy and Regulation 2024-05-14 11:11 pm By Christine Caulfield

Australia’s peak legal body has welcomed the injection of funds promised in Tuesday’s budget announcement for the appointment of extra federal judges to clear a backlog in migration and protection visa applications. But the funds allocated to legal assistance services is a “fraction” of what is needed, the Law Council said.

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Unvaccinated DP World workers lose appeal bid for reinstatement despite ‘harsh’ dismissal
Employment 2024-05-14 11:11 pm By Andy Sidler

A group of DP World workers previously found to have been “blindsided” by their dismissal for refusing a mandatory COVID-19 jab have failed in a bid to appeal a decision that found their reinstatement inappropriate.

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In win for government, High Court rules Iranian man can be indefinitely detained
High Court 2024-05-10 10:30 pm By Cat Fredenburgh

The High Court has found the indefinite detention of an Iranian man is not unlawful because he could be removed to his home country were he to cooperate with immigration authorities.

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No Crown immunity for damage to sacred sites in NT, High Court says
High Court 2024-05-08 11:02 pm By Christine Caulfield

The Commonwealth can be held criminally responsible for damage to First Nations sacred sites in the Northern Territory, the High Court has unanimously found in a case over construction damage to Gunlom Falls in Kakadu National Park.

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High Court clarifies law on reliance damages in contract spats
Contracts 2024-05-08 3:54 pm By Cindy Cameronne

The High Court has held that a contractor had a “prima facie entitlement” to recoup the costs of building an aircraft hangar in Cessnock, NSW, which it spent in reliance on the local government performing its obligations under their contract, in a case that clarifies how courts should assess reliance damages claims. 

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High Court asked to weigh in on employer’s duty to redeploy before redundancy
Appeals 2024-05-08 11:20 pm By Christine Caulfield

The High Court had been asked to clarify the extent of protection for employers for genuine redundancies under the Fair Work Act, after an appeals court found the exemption was “not absolute”.

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High Court asked to weigh in on client’s burden of proof in HWL Ebsworth negligence case
Business of Law 2024-05-07 11:48 pm By Cat Fredenburgh

The High Court has been asked to weigh in on whether a client needs to prove it could have exploited a lost commercial right in order to prevail in a law firm negligence case, after HWL Ebsworth successfully appealed a decision that found its bad advice over property in Parramatta’s ‘Auto Alley’ cost a client $2 million.

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