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Dispute over barrister’s fee estimates goes to High Court
Appeals 2023-08-09 10:00 pm By Sam Matthews

A barrister is taking a dispute over his $320,000 bill to the High Court, but a judge has cast doubt on the appeal’s prospects of success.

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‘Commercial nonsense’ ruling shot down in AMP lease dispute
Christopher Burch 2023-07-11 10:16 pm By Gareth Baker

Willis Australia has won an appeal against its landlord, AMP Capital, with a court ruling the insurance broker is entitled to withdraw notice it gave in December 2019 to renew its office lease. 

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Lawyer shielded by advocate’s immunity for omission of claim against builder: appeals court
Acting Justice Carolyn Simpson 2023-06-28 2:42 pm By Cindy Cameronne

An appeals court has held that a Sydney solicitor can’t be sued for negligence for a failure to include a breach of contract claim in a building dispute, saying the lawyer was protected by advocate’s immunity because his decision was “intimately connected” with the litigation.

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Lenders of collapsed Arrium lose appeal over directors’ loan drawdowns
Amy Munro 2023-05-10 12:23 pm By Sam Matthews

Commonwealth Bank and other lenders of failed steel giant Arrium have lost a second attempt to put two of the company’s directors on the hook for alleged misleading representations on loan drawdown notices ahead of its $2.8 billion collapse.

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Ex-BCEG directors claw back costs after shaving $12.5M off judgment
Anna Mitchelmore 2023-05-04 2:43 pm By Sam Matthews

Two ex-directors of Chinese construction and engineering firm BCEG who were found to have defrauded the company have succeeded in clawing back a portion of their costs of a partially successful appeal which reduced the amount owing to their former employee by around $12.5 million.

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Lawyer who filed defence in losing case wins appeal of personal costs order
Appeals 2023-04-27 3:13 pm By Christine Caulfield

A lawyer’s role in litigation is not to draw conclusions on the existence of facts or the outcome of a case, an appeals court has ruled in throwing out a personal costs order against a solicitor for filing a defence in a case his client ultimately lost.

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Scenic Tours can’t dodge $10M damages ruling in cruise class action
Andrew Jordan 2023-04-20 10:45 pm By Sam Matthews

Cruise operator Scenic Tours is stuck with a $10 million damages bill but has avoided paying for disappointed traveller’s flights, after an appeals court mostly rejected its appeal of an award to travellers who were promised a “once in a lifetime cruise along the grand waterways of Europe” but were instead forced to take the bus.

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ACCC appeals ruling from judge who ‘gagged’ at proposed $5M Employsure penalty
ACCC 2022-01-14 11:58 am By Cat Fredenburgh

The ACCC will seek a higher penalty against Employsure over misleading Google advertisements, after a judge found the consumer regulator’s proposed $5 million penalty was inappropriate and instead ordered the specialist workplace relations consultancy to pay $1 million.

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‘Capricious’ conduct by Morrison government dooms Beetaloo gas contract
Australian Government Solicitor 2021-12-23 5:42 pm By Miklos Bolza

A judge has voided contracts between the Morrison government and a subsidiary of Empire Energy for gas exploration in the Beetaloo Basin after finding the decision to enter the agreement in the midst of litigation was “legally unreasonable or capricious”.

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Judge ‘gags’ at ACCC’s proposed $5M penalty in Google ads case against Employsure
ACCC 2021-11-10 2:46 pm By Bianca Hrovat

A judge said he “gagged” at the Australian Competition and Consumer Commission’s proposed $5 million pecuniary penalty in its case against specialist workplace relations company Employsure over six misleading Google ads.

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