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NAB faces re-trial in adverse action case by worker who committed data breach
Abbas Jacob Lawyers 2021-10-12 4:05 pm By Miklos Bolza Sydney

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.

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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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Full Court slams judge’s reasons as ‘disordered stream of consciousness’
Appeals 2021-09-07 6:10 pm By Miklos Bolza Sydney

The Full Federal Court has issued a severe rebuke to a judge for his decision in an employment dispute, calling the judgment a “disordered stream of consciousness” and saying it had no choice but to send the matter back for a retrial.

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Appeal dismissed in dispute over $81.8M Parklea Markets sale
Appeals 2021-08-18 9:33 pm By Miklos Bolza Sydney

Sydney retail personality Con Constantine has lost an appeal seeking to bolster a $4.25 million judgment in his favour over the $81.8 million Parklea Markets sale in 2016.

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Lawyer who admitted to professional misconduct loses bid for costs from public fund
Ben Cameron 2021-08-06 5:10 pm By Miklos Bolza Sydney

A solicitor who admitted to allegations of professional misconduct has lost a NSW Court of Appeal bid for the costs of a NCAT proceeding to be paid from the state’s Public Purpose Fund, despite twice winning appeals of the tribunal’s findings.

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TechnologyOne wins challenge to $5.2M judgment in exec’s unfair dismissal case
Appeals 2021-08-05 9:29 pm By Miklos Bolza Sydney

Australian software company TechnologyOne has succeeded in its challenge to a $5.2 million judgment in an unfair dismissal case by a former high ranking executive, with an appeals court sending the matter back for a retrial.

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High Court deals crushing defeat to casual workers
Adero Law 2021-08-04 10:51 am By Miklos Bolza Sydney

The High Court has found casual employees who work regular shifts are not entitled to paid annual, personal and compassionate leave under the Fair Work Act, putting the fate of seven class actions by casual miners in question.

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Bartier Perry gave client ‘dangerously incomplete’ legal advice, appeals court says
Appeals 2021-08-03 10:43 pm By Bianca Hrovat Sydney

An appeals court has upheld a ruling that Sydney law firm Bartier Perry failed to adequately advise a lawyer about his rights under a partnership agreement, but trimmed a $1.4 million damages award against the firm.

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On The Run says class action law firm must remove surveys aimed at group members
Adero Law 2021-07-08 7:16 pm By Cindy Cameronne Sydney

Convenience store chain On The Run has filed a bid for law firm Adero Law to take down surveys published on its website allegedly aimed at collecting registration data from group members in an underpayment class action against the company.

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Court finds trader was defamed by ASIC but throws out $10M lawsuit
Andrew Harding 2021-06-30 5:38 pm By Miklos Bolza Sydney

Canadian trader Daniel Schlaepfer has suffered a loss in his $10 million defamation case against ASIC, with an appeals court tossing the lawsuit despite finding the regulator defamed him and his firm by accusing them of unlawful market manipulation.

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