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Lawyer shielded by advocate’s immunity for omission of claim against builder: appeals court
Acting Justice Carolyn Simpson 2023-06-28 2:42 pm By Cindy Cameronne

An appeals court has held that a Sydney solicitor can’t be sued for negligence for a failure to include a breach of contract claim in a building dispute, saying the lawyer was protected by advocate’s immunity because his decision was “intimately connected” with the litigation.

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ASIC’s power to order fines for Credit Code violations won’t face challenge
ASIC 2023-06-27 11:54 pm By Cindy Cameronne

Queensland lender SunshineLoans has lost its second bid for the Full Court to decide whether ASIC has the power to bring civil penalty proceedings for violations of the Credit Code, with a judge finding its arguments were not strong enough to vacate an upcoming trial.

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No win, no fee model bashed in four-way fight to run Star class action
Class Actions 2023-06-27 11:36 pm By Sam Matthews

Three firms fighting for carriage of a $80 million class action against Star Entertainment say a group costs order would guard against ‘costs blowouts’ in the case and have urged a judge to ditch a no win, no fee proposal brought by fourth-to-file firm Shine Lawyers.

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Viterra loses appeal of Cargill’s $300M win over Joe White sale
Allan Myers 2023-06-27 3:48 pm By Cindy Cameronne

In a decade-old dispute, Viterra has lost an appeal of a judgment holding it liable to pay Cargill Australia $293 million for misrepresentations about the performance of its malt producer Joe White, which it sold to Cargill for $420 million in 2013.

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Sydney Trains driver sacked for drinking deserves rehearing, Full Court says
Appeals 2023-06-26 10:05 pm By Gareth Baker

The Full Court has held a Sydney Trains driver who worked the morning after blowing over four times the legal limit is entitled to a rehearing, finding the Fair Work Commission failed to properly consider a section of its own founding legislation. 

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No legal protection for emails in Shane Heal’s case against Sydney Flames
Employment 2023-06-26 4:17 pm By Gareth Baker

Emails exchanged during a bullying investigation into former basketball great Shane Heal must be shared, a judge has found, as the Sydney Flames coach battles to protect his reputation and his employment with the WNBL club. 

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Crown backpays $1.2M to employees wrongly classified as award-free
Crown Resorts 2023-06-23 4:36 pm By Gareth Baker

Casino operator Crown Resorts has agreed to backpay employees more than $1.2 million, after the company notified the Fair Work Ombudsman that it had underpaid workers at its Melbourne and Perth locations for almost six years. 

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Human rights lawyers can intervene in ATO whistleblower case
Appeals 2023-06-22 4:27 pm By Gareth Baker

The Human Rights Law Centre has been given the go ahead to intervene as amicus curiae in the case of ATO whistleblower Richard Boyle, after a March ruling that the former debt collection officer could not rely on statutory whistleblower protections

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Law firm can rep defendant in defamation case despite consult with plaintiff
Business of Law 2023-06-22 12:57 pm By Cindy Cameronne

A judge has found that a Western Australian law firm can act for a doctor who has been sued for defamation despite having learned about the case from the plaintiff during a preliminary consultation. 

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Two commercial silks appointed to NSW Supreme Court
Business of Law 2023-06-22 9:23 am By Sam Matthews

The NSW Supreme Court will welcome two prolific commercial silks to the bench, including a barrister known as an advocate for gender equality at the bar.

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