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Divided appeals court says judge’s grilling of expert witness ‘quite involved’ but not excessive
Courts 2021-04-29 5:02 pm By Christine Caulfield

An appeals court has split on whether a judge’s grilling of an expert witness in a personal injury case was appropriate, with the dissenting judge saying the questioning — which took up more than two-thirds of the cross examination — was excesssive, and hostile in parts.

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Group size trimmed in aged care class actions over COVID-19 outbreaks
COVID-19 2021-04-28 9:07 pm By Cindy Cameronne

Staff members who worked for two Melbourne aged care providers will be removed as group members in class actions accusing the homes of negligently handling the coronavirus pandemic.

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WA premier chips away at Clive Palmer’s defence in border closure defamation case
Defamation 2021-04-28 8:45 pm By Cindy Cameronne

A judge has partially struck out mining magnate Clive Palmer’s defence to WA Premier Mark McGowan’s defamation claim over statements which allegedly accused the premier of corruption, abusing his position and lying about the decision to close the state’s borders at the height of the COVID-19 pandemic last year.

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Biotech Mesoblast to be hit with class action over COVID-19 treatment disclosures
Class Actions 2021-04-22 9:25 pm By Cindy Cameronne

Australian regenerative medicine company Mesoblast faces a shareholder class action over disclosures related to its Remestemcel-L treatment for COVID-19 complications.

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COVID-19 lease cancellation test case filed by Sydney bar
COVID-19 2021-04-22 5:17 pm By Miklos Bolza

A shuttered upmarket cocktail bar in Sydney is seeking damages from its former landlord after the termination of its lease agreement during the COVID-19 pandemic forced it to close less than a year after opening its doors.

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Judge to decide if lockdown class action lawyer’s clients must hand over details
Class Actions 2021-04-22 3:59 pm By Miklos Bolza

A judge will hear arguments by suspended lawyer Serene Teffaha, who filed a class action against the state over lockdown restrictions, over whether her clients can be made to supply their details to a Hall & Wilcox lawyer who was appointed to take over her firm.

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Report flags ‘alarming’ incidence of sexual harassment in SA legal profession
Business of Law 2021-04-20 10:53 pm By Cat Fredenburgh

Sexual harassment is alarmingly common throughout the legal profession in South Australia, according to a new report that details an assault by a former judge and harassing texts from a magistrate who told a lawyer while presiding over a case that he imagined her “kneeling between his legs at the bench”.

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High Court to hear ATO test case over trust income disclaimers
Tax 2021-04-20 3:16 pm By Miklos Bolza

The High Court has granted special leave in a test case by the Australian Taxation Office concerning the effectiveness of disclaimers by trust beneficiaries giving up entitlements to trust income and any associated tax obligations.

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Solomon Lew’s retail giant The Just Group sued for $3.4M in unpaid rent
Real Estate 2021-04-20 1:28 pm By Miklos Bolza

Australian investment management group Fortius Funds Management has taken retail giant The Just Group to court seeking millions of dollars in allegedly unpaid rent for four stores in Sydney’s MidCity Shopping Centre.

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Culture of Victorian courts ‘normalises’ sexual harassment, report finds
Courts 2021-04-19 1:18 pm By Christine Caulfield

A review of sexual harassment in Victorian courts sparked by the findings of an investigation into former High Court Justice Dyson Heydon has found a culture that can “normalise or ignore” bad behaviour by judges and others, with more than two dozen court staff reporting they had experienced sexual harassment, many on numerous occasions.

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