Media companies that are fighting defamation proceedings over articles that accused decorated war veteran Ben Roberts-Smith of war crimes have won court permission to amend their defence to include evidence the soldier was involved in another alleged murder.
Sydney businessmen Charif and Tarek Kazal have appealed a ruling that found their claims against Gilbert + Tobin over an alleged dishonest scheme to rob them of a 50 per cent stake in a lucrative Sydney waste facility were “fundamentally incoherent”.
A recent decision in ASIC’s case against ANZ has highlighted the potential risks of waiver of client legal privilege, with the Federal Court observing that the distinctions can be “fine”. While ANZ avoided having to disclose its legal advice to the regulator, the decision is a reminder of the potential pitfalls of referring to legal advice in correspondence, and that pleading a state of mind in litigation carries risks from a privilege perspective, says Hall & Wilcox partner Jacob Uljans.
Lawyers running a class action against recycling company Sims Metal Management say the court has power to approve their bid to amend the group member definition that will effectively close the class, but the judge overseeing the case will appoint a contradictor to represent group members in a hearing over the application.
A judge has shut down a former Qantas customer service manager’s bid to pursue a disability discrimination case against Maurice Blackburn alleging the law firm put pressure on her to settle her workers compensation case against the airline.
Shine Lawyers is investigating two new class actions against Commonwealth Bank of Australia and Westpac’s BT Funds Management over allegedly excessive insurance premiums, a week after filing a similar case against AMP’s life insurance arm.
Google and Facebook will face penalties of at least $10 million for breaches of a media bargaining code drafted by the ACCC that aims to create a “level playing field” between Australian media companies and the tech giants.
A judge has handed ASIC a “narrow” win in its action against former Tennis Australia director Harold Mitchell, tossing most of the regulator’s case and accusing it of “confirmatory bias”.
The judge overseeing a trial over legal fees and funding commission in the Banksia Securities class action has questioned whether the lawyers behind the case should remain on the roll of practitioners if allegations of misconduct aired in the hearing so far — which include billing for phantom costs — are made out.
Liquidators for collapsed steel and mining giant Arrium have successfully appealed a court ruling permitting the examination of a former director for a possible shareholder class action, with the Court of Appeal for the NSW Supreme Court finding the “private nature” of the claims was an abuse of process.
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