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Barrister who sexually harassed clerk has suffered enough, appeals court says
Acting Justice Carolyn Simpson 2021-12-22 2:39 pm By Bianca Hrovat Sydney

The New South Wales Bar Association has lost an appeal seeking a financial penalty and a professional reprimand against a Sydney barrister for his “poorly judged, vulgar and inappropriate” behaviour, with an appeals court finding damage to his reputation and a hike in his insurance premium dwarfed any punishment it could dole out.

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Nimble Money beats back shareholder bid to peek at books
Baker McKenzie 2021-12-21 5:43 pm By Bianca Hrovat Sydney

Payday lender Nimble has succeeded in blocking its largest shareholder from accessing company documents relating to an impending debt refinance, with a judge finding the company’s financial woes were due to COVID-19 and not improper conduct by management.

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MySuper class action back on track with appeals court victory
Allens 2021-12-21 4:22 pm By Miklos Bolza Sydney

The lead applicant in a superannuation class action against two IOOF units has successfully appealed a decision that barred the case from proceeding under a carveout in Victoria’s Supreme Court Act forbidding class actions involving trust property.

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Judge ‘taken aback’ by Maddocks’ settlement stance in $30M negligence case
Alec Leopold 2021-12-20 6:25 pm By Bianca Hrovat Sydney

Law firm Maddocks has been ordered to pay more than $1.4 million in indemnity costs for “throwing good money after bad” in failing to consider a settlement offer in a negligence lawsuit over a client’s botched deal with Woolworths. 

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Judge criticises ASIC for treating orders in Westpac case like ‘traffic lights in Naples’
Allens 2021-12-20 1:48 pm By Bianca Hrovat Sydney

A judge has criticised the Australian Securities and Investments Commission for treating timetabling orders in its insider trading case against Westpac over a $16 billion interest rate swap as though they were “traffic lights in Naples”.

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Victorian aged care facilities can’t declass claims in COVID-19 class actions
Andrew Broadfoot 2021-12-16 7:53 pm By Bianca Hrovat Sydney

Victorian aged care homes accused of “major failures” during the first wave of the COVID-19 pandemic have lost their bid to declass claims of neglect brought in two class actions on behalf of residents and their grieving families.

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Funder of Qld energy class action takes on MIS rules in appeal
Adam Hochroth 2021-12-16 7:00 pm By Miklos Bolza Sydney

A litigation funder has taken aim at a landmark judgment in an appeal of a ruling that found its funding arrangement with group members in a class action against Queensland energy suppliers was a managed investment scheme.

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Judge signs off on $9.4M payday for Maurice Blackburn in NT class action
Chief Justice Debra Mortimer 2021-12-16 4:04 pm By Miklos Bolza Sydney

A judge has signed off on a $35 million settlement in a class action against the Northern Territory government over alleged human rights abuses against youth detainees, including $9.4 million in fees for Maurice Blackburn.

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NSW judges give up pay rise, citing ‘devastating’ effects of COVID-19
Chief Justice Tom Bathurst 2021-12-16 2:42 pm By Miklos Bolza Sydney

Judges of the NSW Supreme Court passed up their annual pay rise in 2020 as the court and the public made dramatic changes to adapt to the COVID-19 pandemic.

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HWL Ebsworth prevails in appeal of negligence case over Willoughby development
Anthony Cheshire 2021-12-15 5:29 pm By Bianca Hrovat Sydney

An appeals court has dismissed an appeal in a professional negligence lawsuit by a New South Wales developer against HWL Ebsworth over a due diligence report that led to the purchase of a $25.5 million parcel of government land at risk of flooding.

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