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Vasta judgment prompts calls for judicial immunity legislation
Analysis 2023-09-01 5:31 pm By Sam Matthews

Legal bodies have expressed alarm at the implications of a ruling that put a judge on the hook for damages for ordering the wrongful imprisonment of a Queensland man and have called for legislative action, but one expert says the judgment is unlikely to open the floodgates.

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Borrowing funds to run class actions ‘not appropriate’, says expert
Analysis 2023-08-07 10:22 pm By Cindy Cameronne

Class actions throw up all manner of ethical conundrums, but a recent Federal Court decision has shined a light on the question of whether funders and law firms should take out loans to run class actions and whether they can charge the costs to group members.

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Equitable briefing of barristers crucial for profession and clients, peak legal bodies say
Analysis 2023-08-04 10:36 pm By Christine Caulfield

Responding to an attack on the value of equitable briefing of barristers, peak legal bodies have reaffirmed their support for the initiative, which they say is critical for the profession and in the best interests of clients.

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Public rebuke of departing judge from the bench was below the belt, expert says
Analysis 2023-07-25 10:15 pm By Christine Caulfield

A judge’s public criticism of a colleague for resigning her post before delivering a judgment reserved for three years was harsh, not fair. But the evident frustration that led to the rebuke reinforces the need for a judicial commission as an appropriate avenue to give vent to complaints, experts say.

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Court’s OK to thumbs-up signature shows perils of toying with emojis
Analysis 2023-07-18 11:00 pm By Christine Caulfield

A judge’s decision that the thumbs-up emoji on a contract constitutes a valid signature is the latest court ruling to find that emojis can amount to acceptance of an offer, and serves as a warning about the downsides of the smiley face and its offspring, experts say.

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Three years in, court coming to grips with group costs orders
Analysis 2023-07-17 10:10 pm By Sam Matthews

Three years on from their debut, group costs orders — which entitle law firms to a percentage of any recovery in class actions — have raised a host of novel issues that are keeping lawyers and the court busy.

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‘Unprecedented’ bid to revive Robodebt class action just might work, expert says
Analysis 2023-07-11 10:00 pm By Cindy Cameronne

A law firm is considering an ‘unprecedented’ move to reconvene its class action on behalf of Robodebt victims, which can only happen with the Commonwealth’s permission, but the Albanese government might consent as a way to score political points, an expert has told Lawyerly.

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‘More is more’ approach to pleadings an increasing problem, lawyers say
Analysis 2023-07-05 11:28 pm By Cindy Cameronne

A Federal Court judge who recently ordered new pleadings in a copyright case against CoreLogic is the latest judge fed up with plaintiffs pleading innumerable alternatives that waste court resources, add to the length of trials and extend the wait time for judgments.

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Layoffs unlikely, but salary slowdown coming for lawyers
Analysis 2023-07-03 4:59 pm By Gareth Baker

Despite a global economic slowdown Australian lawyers won’t face layoffs like their US counterparts, legal insiders say, but some who cashed in during the COVID-19 talent drought shouldn’t expect to see raises any time soon. 

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NACC to kick off with ‘huge backlog’ of referrals
Allens 2023-06-30 11:20 pm By Cindy Cameronne

The new federal corruption watchdog that commenced operating Friday will likely turn its sights first on the award of public grants, and is expected to face a “huge backlog” of referrals. 

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