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Divided appeals court says judge’s grilling of expert witness ‘quite involved’ but not excessive
Acting Justice Carolyn Simpson 2021-04-29 5:02 pm By Christine Caulfield

An appeals court has split on whether a judge’s grilling of an expert witness in a personal injury case was appropriate, with the dissenting judge saying the questioning — which took up more than two-thirds of the cross examination — was excesssive, and hostile in parts.

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Appeals court upholds minimal salary increases for public sector workers due to COVID-19
Chief Justice Tom Bathurst 2021-04-26 6:05 pm By Cindy Cameronne

NSW public sector employees have lost their bid for a 2.5 per cent salary increase, with an appeals court upholding a decision which found the economy would be better served by public spending on infrastructure investment than public service salaries.

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With High Court leave, Arrium class action plaintiffs may get second chance to grill ex-director
Andrew Emmerson 2021-02-11 10:44 pm By Christine Caulfield

Two shareholders of failed Arrium Group have secured leave from the High Court to challenge a ruling that nixed their planned examination of a former director to bolster a class action over the collapse of the steel producer.

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Sparke Helmore off the hook as IOOF unit loses appeal of $76M judgment
Acting Justice Arthur Emmett 2021-02-05 6:34 pm By Miklos Bolza

IOOF subsidiary Australian Executor Trustees failed to drag law firm Sparke Helmore into a case after it was hit with a $76.6 million judgment over breaches of duty in the sale of a 42,000 hectare timber plantation by collapsed forestry giant Gunns Group.

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Appeals court quashes guilty verdicts against former Leighton CFO Peter Gregg
Chief Justice Tom Bathurst 2020-09-30 1:22 pm By Christine Caulfield

Former Leighton Holdings chief financial officer Peter Gregg has won his appeal of convictions last year over an alleged sham contract with a steel supplier, with an appeals court on Wednesday saying there had been a “substantial miscarriage of justice”.

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Arrium liquidators win fight over examination of director for potential class action
Andrew Emmerson 2020-07-30 4:59 pm By Miklos Bolza

Liquidators for collapsed steel and mining giant Arrium have successfully appealed a court ruling permitting the examination of a former director for a possible shareholder class action, with the Court of Appeal for the NSW Supreme Court finding the “private nature” of the claims was an abuse of process.

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‘An immediate conflict of interest’: Appeals court tosses opt out notices in AMP class action
Adam Hochroth 2020-06-04 3:57 pm By Miklos Bolza

An appeals court has vacated orders sending opt out and registration notices to shareholders in a class action against AMP after a successful challenge by the lead plaintiff in a competing class action that was stayed after a high-profile litigation beauty parade last year.

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Ex-McCabe Curwood lawyer ordered to pay legal bill after ‘incompetent’ appeal
Acting Justice Carolyn Simpson 2020-05-26 4:29 pm By Miklos Bolza

A former solicitor with McCabe Curwood has lost his attempt to overturn an order that he pay $36,000 in costs to his former employer, after an appeals court found that his challenge was “incompetent”.

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‘Threat of a heavy sanction’: Shareholder slams opt-out notice in AMP class action
Adam Hochroth 2020-05-25 8:15 pm By Miklos Bolza

A proposed notice to eligible group members in Maurice Blackburn’s class action against AMP over its fees for no services scandal threatened to bar unregistered shareholders from any settlement stemming from mediation in the case, a threat barred by a recent ruling finding that courts have no power to close class actions to signed up group members, an appeals court has heard.

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Landmark ruling nixing class closure orders likely to reach High Court
Acting Justice Arthur Emmett 2020-04-23 9:10 pm By Christine Caulfield

A ruling Wednesday that struck down class closure orders — a device used by judges in class actions for the past two decades — has split the courts in Australia and is expected to head to the High Court.

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