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Lawyers who accused Vic Supreme Court of bias dodge contempt finding
Australian Government Solicitor 2021-05-31 6:55 pm By Cindy Cameronne Sydney

A barrister and solicitor who accused the Victoria Supreme Court of bias have avoided a contempt of court ruling, despite a judge finding their conduct “fell short of the standards of competence and diligence” expected of lawyers.

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Government ordered to do ‘root and branch review’ of PFAS class action defence
Australian Government Solicitor 2021-05-28 11:38 pm By Cat Fredenburgh Melbourne

A judge has ordered the federal government to file an amended defence in one of two class actions over its use of allegedly toxic firefighting foam on military bases, after being accused of lodging a deficient pleading.

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Climate change class actions likely as court finds duty of care owed to children
Ashurst 2021-05-28 2:03 pm By Miklos Bolza Sydney

Class actions are the next battleground following Thursday’s Federal Court ruling that the government owes a duty of care to protect children from the risks of climate change, according to a number of legal experts.

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Government owes duty of care to protect children from climate change, court rules
Ashurst 2021-05-27 11:07 am By Miklos Bolza Sydney

The federal Minister for the Environment owes a duty of care to children who could suffer “catastrophic” harms from increased greenhouse gas emissions that would result from approving the expansion of Whitehaven’s Vickery coal mine, a judge has ruled.

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Ben Roberts-Smith wins bid to split his case in upcoming defamation trial
Australian Government Solicitor 2021-05-26 3:01 pm By Cat Fredenburgh Melbourne

Ben Roberts-Smith has won approval to split his case at the upcoming trial in his defamation case against three publishers over articles accusing him of war crimes, with a judge saying the seriousness of the allegations against him weighed in favour of the unorthodox move.

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In victory for Glencore, High Court won’t weigh in on landmark transfer pricing ruling
Andrew Roe 2021-05-26 11:03 am By Cat Fredenburgh Melbourne

The High Court has denied the ATO’s request that it weigh in on Australia’s transfer pricing regime, leaving in place a Full Court victory for mining giant Glencore that left it paying $2 million of a $92 million bill relating to the sale of copper from a mine in Cobar, NSW.

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Court scuttles Adani’s water plans for Carmichael coal mine
Anna Mitchelmore 2021-05-25 5:27 pm By Christine Caulfield Melbourne

Adani’s controversial Carmichael coal mine in Queensland has hit another potential snag, with the Federal Court on Tuesday sending the company’s moves to pump 12.5 billion litres of water a year from the Suttor River back to square one.

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Roberts-Smith wiped laptop with USB content after he was told to retain files, court told
Australian Government Solicitor 2021-05-25 2:17 pm By Miklos Bolza Sydney

War veteran Ben Roberts-Smith “wiped” a laptop last month containing possible national secrets found on USB sticks retrieved from his former home, the judge overseeing the former soldier’s defamation case against three publishers has heard.

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Ben Roberts-Smith seeks ‘covert recordings’ from publishers
Alexander Edwards 2021-05-21 7:16 pm By Miklos Bolza Sydney

War veteran Ben Roberts-Smith is seeking all “covert recordings” held by Nine and revealed in a number of news publications last month in which the former soldier said it was his “sole mission” to destroy the journalists behind allegedly defamatory articles accusing him of war crimes.

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Jump swim school hit with $23M penalty for ‘very serious’ consumer law breaches
ACCC 2021-05-20 4:47 pm By Miklos Bolza Sydney

The failed franchisor behind the Jump Swim Schools brand has been hit with a $23 million penalty for what a Federal Court judge found were “very serious” consumer law contraventions.

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