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Judge sours on remote trials, bemoans ‘leisure wear effect’
Alan Sefton 2022-01-27 10:29 pm By Christine Caulfield

A judge who has been an enthusiastic lab rat in the virtual hearing experiment forced on the country’s courts by the COVID-19 pandemic has expressed doubts that he is accurately reading witnessses giving remote evidence.

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WA premier Mark McGowan must give evidence in Sydney court in Palmer case
Alan Sefton 2022-01-25 9:59 pm By Christine Caulfield

Western Australia premier Mark McGowan has been ordered to appear in person in a Sydney court to give evidence at trial in a defamation case by mining billionaire Clive Palmer, but a judge has pushed back the hearing so McGowan can attend state parliament.

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Google claims ‘devastating’ impact on internet if defamation ruling upheld
Appeals 2022-01-24 2:11 pm By Cindy Cameronne

Google has argued there would be a “devastating” effect on the internet if the High Court upholds a judgment awarded to gangland lawyer George Defteros that found the tech giant liable for linking to an allegedly defamatory article.

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Rex boss threatened cadets in letter urging ‘fierce loyalty’, appeals court says
Appeals 2021-12-17 10:13 pm By Bianca Hrovat

Australia’s leading regional airline faces further litigation after an appeals court found it sent a threatening letter to prospective cadet pilots, urging them to stay in cheap, “inappropriate accommodation” in order to demonstrate their commitment to the company.

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High Court to hear Google’s challenge to $40,000 defamation award to gangland lawyer
Appeals 2021-12-14 5:51 pm By Miklos Bolza

The High Court has granted Google special leave to challenge a $40,000 defamation judgment awarded to gangland lawyer George Defteros, with the search giant arguing it should not be held liable for a “mere hyperlink” to an article.

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High Court won’t hear TechnologyOne exec’s bid to revive $5.2M award
Appeals 2021-12-09 5:26 pm By Miklos Bolza

A former TechnologyOne executive has lost his application for special leave to appeal a judgment throwing out a $5.2 million bullying judgment in his favour, but has vowed to seek up to $25 million in a retrial against his former employer.

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Worldwide freezing orders not conditional on enforcement prospects, High Court says
ATO 2021-12-08 6:17 pm By Cindy Cameronne

The High Court has granted the ATO’s bid to impose a worldwide freezing order against Chinese property developer Changran Huang, saying the court’s power to freeze assets did not depend on whether there was a realistic possibility of enforcing a judgment in a foreign jurisdiction.

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Full Court throws out ‘mistaken’ judgment on AFT’s Maxigesic ads
AFT Pharmaceuticals 2021-12-07 6:18 pm By Miklos Bolza

A judge was “mistaken” to find that AFT Pharmaceuticals’ ads for its painkiller Maxigesic were misleading, with the Full Federal Court ruling there was an adequate scientific foundation for the ads’ claims that the drug provided faster, better pain relief than paracetamol and ibuprofen alone.

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Norton Rose wins appeal against sacked partner, but faulted for ‘serious error in judgment’
Appeals 2021-11-26 7:14 pm By Bianca Hrovat

Law firm Norton Rose Fulbright has won its appeal of a $160,000 judgment in favour of former partner Thomas Martin, with the Full Federal Court finding Martin’s allegations of deceit arose from “an excess of suspicion” and “causal connections of the most tenuous kind”.

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Top judge did ‘unexplained violence’ to Star’s business interruption policy, Full Court told
Adam Pomerenke 2021-11-08 9:42 pm By Miklos Bolza

In rejecting a bid by The Star Entertainment Group to recoup losses stemming from the COVID-19 pandemic, the Federal Court’s Chief Justice did “real and unexplained violence” to the construction of a business interruption policy the casino giant had taken out with Chubb, the Full Court has heard.

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