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‘Don’t expect I’ll put up with crap’: Solicitor loses appeal of discourteousness finding
Bridie Nolan 2023-06-01 4:11 pm By Sam Matthews

The director of a Sydney law firm has lost a bid to challenge a decision of the NSW Legal Services Commissioner, which slapped him with a caution for a failure to act courteously after he told a disgruntled client “don’t expect I’ll put up with crap” in a tense email exchange.

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In battle of Spitfire creditors, appeals court provides clarity on R&D refunds
Appeals 2023-05-31 2:22 pm By Cindy Cameronne

A private investment fund has won its claim as a secured creditor over $2 million in research and development tax refunds that a court previously found should go to employees in a fight over funds remaining following the collapse of fintech Spitfire Corporation. 

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Tech exec subjected to DXC’s ‘unreasonable’ 7-year restraint clause wins appeal
Acting Justice Carolyn Simpson 2023-05-16 10:28 pm By Sam Matthews

An appeals court has found a seven-year non-competition clause in US tech giant DXC Eclipse’s agreement with the former director of Melbourne software firm Sable37, which it acquired in 2018, was unreasonable.

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High Court challenge could clarify scope of reliance damages
Anna Mitchelmore 2023-05-11 5:30 pm By Sam Matthews

A city council in the Hunter Valley region is set to appeal to the High Court a decision that found it was liable to pay a flight company over $3.6 million in damages for wasted expenditure after it repudiated a contract to lease land at the local airport.

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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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NSW judge Paul Brereton to lead federal corruption watchdog
Justice Paul Brereton 2023-03-29 2:15 pm By Sam Matthews

Justice Paul Brereton has been appointed to lead the new National Anti-Corruption Commission, with the CEO of AUSTRAC, the Disability Discrimination Commissioner, as well as two senior figures at NSW ICAC also tapped for senior roles.

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Amid push for reforms, judges refuse to recuse themselves time and again
Associate Justice Patricia Matthews 2023-01-18 4:09 pm By Sam Matthews

Requests by litigants for judges to disqualify themselves from presiding over cases were largely denied last year, in a raft of decisions containing lessons for litigants weighing up their own recusal bids in 2023.

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Law firm can’t recover costs of work by own solicitors, court finds
Atanaskovic Hartnell 2022-11-10 10:37 pm By Cindy Cameronne

Following the lead of its Victorian counterpart, the NSW Supreme Court has found that law firm Atanaskovic Hartnell cannot recover costs in self-represented litigation against a former client over unpaid legal invoices.

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Arbitrator whose wife repped Gina Rinehart can hear family feud over mining assets
Anna Mitchelmore 2022-09-09 1:42 pm By Cindy Cameronne

An appeals court has refused a bid by Bianca Rinehart and John Hancock to block an arbitrator from deciding a long-running dispute over valuable mining assets, despite his wife having acted for Gina Rinehart in related proceedings.

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High Court to weigh in on COVID-19 cancellation of hotel sale
Appeals 2022-08-22 10:06 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether government restrictions on social gatherings during the COVID-19 pandemic frustrated a $11.25 million contract for sale of a hotel in the Sydney suburb of Pyrmont.

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