What’s good for the goose is good for the gander, lawyers have said in attacking a report to Parliament that recommends abolishing amendments adding a fault element to the continuous disclosure regime for ASIC cases but requiring shareholders to clear the higher bar in class actions.
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”.
A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case.
SkyCity has agreed to pay $67 million to resolve AUSTRAC proceedings alleging it allowed $4 billion in suspicious transactions and failed to carry out diligence on high-risk customers.
A judge has given the green light to amendments to a $100 million class action against NAB over the collapse of Walton Construction, which include new claims of equitable fraud and knowing involvement in misleading and deceptive conduct.
The University of Sydney has succeeded in a challenge to a finding that an academic was unfairly dismissed after posting to social media a controversial slide of a Nazi swastika superimposed on the Israeli flag, with a majority appeals court finding his union failed to prove the “incendiary” conduct accorded with the standards that entitled him to intellectual freedom.
Victoria Attorney-General Jaclyn Symes’ interference in a Fire Rescue Victoria union dispute was not “unlawful, unconscionable or illegitimate”, despite the AG overstepping her statutory authority, a judge has found.
A judge hearing a defamation case over a podcast by The Australian about the murder of Shandee Blackburn has granted a bid by a News Corp unit for a pre-trial hearing to determine whether acquitted suspect John Peros suffered serious harm from the podcast.
Victorian Liberal Party leader John Pesutto has settled two defamation lawsuits by organisers of the ‘Let Women Speak Rally’ and apologised for conflating them with neo-Nazis who crashed the event, saying his comments “could have more clearly differentiated between the groups”.
The Morrison-era reforms that introduced a fault element to the continuous disclosure laws should be repealed for civil penalty proceedings launched by ASIC, but retained for class actions by shareholders, a report of an independent review of the changes has recommended.
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