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ACCC officers face pre-trial grilling in ANZ cartel case as judge questions need for committal
Allens 2021-10-12 11:24 pm By Christine Caulfield Melbourne

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.

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High Court frowns on judge’s private chats with counsel
Business of Law 2021-10-06 4:51 pm By Bianca Hrovat Sydney

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.

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‘Horribly offensive’: Peter Dutton tells court of hurt at rape apologist tweet
Baker McKenzie 2021-10-06 3:37 pm By Cindy Cameronne Sydney

Defence minister Peter Dutton has given evidence of his “hurt” at trial in a defamation case over a tweet accusing him of being a rape apologist, while the judge presiding over the hearing has warned lawyers for the tweeter to act as solicitors not “supporters”.

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Public good overrides individual rights in COVID-19 pandemic, NSW tells court
Coronavirus 2021-10-05 9:30 pm By Bianca Hrovat Sydney

The New South Wales government has accused anti-vaccination advocates of having a “misguided” and “one-dimensional focus” on the fundamental rights of the individual over those of a community contending with the highly-contagious Delta variant of COVID-19. 

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8 tips from top silks for nailing virtual cross-examination
Business of Law 2021-10-05 9:27 pm By Miklos Bolza Sydney

After more than a year-and-a-half of virtual trials, Australia’s barristers have adapted and come up with the best techniques to maintain an edge when cross-examining witnesses in the virtual courtroom.

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Ben Roberts-Smith fights ‘ridiculous’ bid to make medical records public as trial faces delay
Anna Mitchelmore 2021-10-01 4:29 pm By Cindy Cameronne Sydney

Former SAS soldier Ben Roberts-Smith is fighting to shield medical records Fairfax says should be made public to “safeguard open justice”, as trial in his defamation case against the publisher faces further delay due to COVID-19 border restrictions.

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COVID-19 jab effective, anti-vaxxers misinterpreting data, trial told
Coronavirus 2021-09-30 9:35 pm By Bianca Hrovat Sydney

Health experts have told a court hearing a challenge to a requirement that certain workers get the COVID-19 jab that vaccinations are an effective tool in the fight against the coronavirus, despite the global surge of ‘breakthrough’ infections caused by the outbreak of the highly-infectious Delta strain.

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Judge grapples with his ‘white male privilege’ in Erin Molan trial
Bruce McClintock 2021-09-30 8:57 pm By Cindy Cameronne Sydney

A judge has spoken of his personal challenge as an “older, white male” in deciding the objective meaning of racism in Nine Network sports reporter Erin Molan’s defamation case, and said the matter would have been worthy of a trial by jury.

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Objection to barrister’s eye rolling during BlueScope cross-exam shot down
ACCC 2021-09-27 9:29 pm By Cindy Cameronne Sydney

A judge hearing a price-fixing case against steel giant BlueScope has overruled an objection to the ACCCs barrister’s allegedly excessive “eye-rolling” and “scathing and sarcastic” manner during a cross-examination in which the company’s general manager was accused of lying under oath.

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PwC a ‘different beast’ to law firms when it comes to privilege, court hears
Alan Shearer 2021-09-13 10:24 pm By Miklos Bolza Sydney

Assessing claims of privilege involving multidisciplinary firms like PricewaterhouseCoopers that offer legal and accounting services is “inherently awkward”, a court heard on the final day of a hearing in a privilege battle between the accounting firm and the ATO.

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