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White collar penalties set to jump after High Court’s foreign bribery ruling
White Collar 2023-08-02 1:24 pm By Christine Caulfield

Companies could be on the hook for higher penalties for foreign bribery and other white collar offences after a High Court majority on Wednesday found a $1.35 million bribery penalty imposed on engineering firm Jacobs Group was inadequate.

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Resort not vicariously liable for actions of urinating employee, High Court says
High Court 2023-08-02 10:14 pm By Cat Fredenburgh

The High Court has found a Whitsundays resort is not vicariously liable for the actions of an employee who urinated on his roommate in staff accommodation after a night of drinking, finding the act had “no real connection” to his employment.

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Viterra goes to High Court in epic fight with Cargill over Joe White sale
High Court 2023-07-27 11:27 pm By Christine Caulfield

Glencore-owned Viterra has taken its 10-year fight with Cargill to the High Court after an appeals court upheld a judgment putting it on the hook for almost $300 million in damages for misleading representations in the sale of malt producer Joe White in 2013.

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First Indigenous woman appointed to Australian supreme court
Courts 2023-07-26 11:39 pm By Cat Fredenburgh

In a historic first, ACT Magistrate Louise Taylor has become the first Indigenous woman to be appointed to an Australian supreme court.

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Public rebuke of departing judge from the bench was below the belt, expert says
Analysis 2023-07-25 10:15 pm By Christine Caulfield

A judge’s public criticism of a colleague for resigning her post before delivering a judgment reserved for three years was harsh, not fair. But the evident frustration that led to the rebuke reinforces the need for a judicial commission as an appropriate avenue to give vent to complaints, experts say.

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Arrium lenders file High Court challenge over directors’ loan drawdowns
Restructuring & Insolvency 2023-07-25 3:58 pm By Cindy Cameronne

Commonwealth Bank and other lenders of Arrium have filed for special leave to appeal to the High Court after losing their latest bid to make two directors liable for allegedly misleading them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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Saddled with resigning judge’s unfinished case, colleague spares no feelings
Courts 2023-07-21 11:28 pm By Christine Caulfield

A judge has resigned before delivering judgment in litigation that went to trial in 2020, and the colleague assigned the unenviable task of issuing a ruling has taken a swipe at his departing peer, noting the absence of medical or other evidence to explain her “unwillingness” to see the case through.

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Calling all aspiring judges: AG taking resumes for the bench
Courts 2023-07-21 3:53 pm By Gareth Baker

In a first for the Australian judiciary, the federal government announced Friday it is commencing an open hiring process for new judges, with public job advertisements seeking expressions of interest for appointments to the Federal Court of Australia and Federal Circuit and Family Court. 

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BHP unit brings High Court challenge over Christmas Day work
Appeals 2023-07-12 4:25 pm By Cindy Cameronne

BHP in-house labour hire provider Operations Services has filed for special leave to appeal to the High Court a finding that it unlawfully required its coal miners to work on Christmas Day and Boxing Day.

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Lawyer says reconvening Robodebt class action right way to compensate victims
Class Actions 2023-07-10 11:21 pm By Cat Fredenburgh

A lawyer behind a settled class action against the previous government’s Robodebt disaster has called for the case to be reconvened in the wake of a report that blasted the “crude and cruel” scheme, as Government Service Minister Bill Shorten suggests victims could sue individual Coalition ministers.

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