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Judges should have no say in coal mine approvals, Morrison government says in class action appeal
Approving coal mine projects is not the business of courts, the Morrison government has argued in its challenge to a landmark class action judgment that found it had a duty of care to protect Australian children from the effects of climate change.
Christian Porter targets former Solicitor-General’s briefs in Jo Dyer appeal
Former Attorney-General Christian Porter wants to rely on new evidence relating to former Solicitor-General Justin Gleeson SC as he appeals the removal of his high profile silk from a now settled defamation case against the ABC over its coverage of historical rape allegations.
Trial in Ben Roberts-Smith’s defamation case delayed to 2022
A judge has adjourned trial in the defamation case by accused war criminal Ben Roberts-Smith to early 2022, saying relocation was not practical after COVID-19 restrictions prevented Fairfax’s witnesses travelling to Sydney.
Murray Darling Basin Authority fails again to limit class action liability
The Murray Darling Basin Authority can’t rely on defences claiming it is a "public or other authority" to limit the liability of a class action brought over alleged negligent water management, an appeals court has found.
‘Madness’ if Sandoz entitled to generic Lexapro licence, High Court told
Danish drug maker Lundbeck has told the High Court it did not contract away a royalty-free licence to generic drug maker Sandoz to sell blockbuster antidepressant Lexapro, saying such a decision would be commercial “madness”.
ACCC officers face pre-trial grilling in ANZ cartel case as judge questions need for committal
Five enforcement officers of the Australian Competition and Consumer Commission will be cross-examined by lawyers for banks facing price fixing charges over their conduct following ANZ's $2.5 billion capital raising six years ago.
NAB faces re-trial in adverse action case by worker who committed data breach
A former financial planner found to have engaged in a data breach at National Australia Bank will have her adverse action lawsuit against the bank partially reheard after an appeals court found the judge who tossed the case failed to properly consider why she was fired.
High Court asked to weigh in on Queensland floods class action
The applicants in the Queensland floods class action have asked the High Court to overturn a judgment which found dam operator Seqwater was not liable because it was functioning as a public authority when operating two dams during the 2011 floods, arguing the case raises important issues about appeals in 'mega' litigation.
Ex-Dick Smith CFO to appeal $43M victory for NAB
Dick Smith's former CFO will appeal a $43 million judgment in favour of National Australia Bank over his role in the retailer's collapse.
High Court frowns on judge’s private chats with counsel
Trial judges should not communicate with barristers outside of court, the High Court has ruled in a “troubling” case of apprehended bias that saw a divorcee’s counsel socialising with the judge presiding over her long-running and “tortured” Family Law case.