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Why law firms should think twice before representing themselves
Analysis 2020-11-18 11:25 pm By Christine Caulfield Melbourne

A finding this week that Norton Rose Fulbright intentionally misled a former lawyer in an employment dispute and abused the court’s processes threatens the legal career of an equity partner at the firm and is a warning to all firms to think twice before representing themselves in cases involving soured professional relationships.

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Self-repped Qantas worker deserves ‘liberal and lenient’ treatment, judge says
Anthony Willinge 2020-11-17 3:48 pm By Spencer Fowler Steen Melbourne

A judge has declined to throw out a lawsuit brought against Qantas by a self-represented worker who was stood down, saying a “liberal and lenient” approach was needed.

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Barristers call for end to secrecy of judicial appointments process
Feature 2020-11-17 3:31 pm By Christine Caulfield Melbourne

The recent appointments to the High Court have mystified some senior members of the bar, raising questions about the secretive nature of the process and prompting renewed calls for an independent judicial appointments panel to expose the selection process to the light of day.

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Ex-Linchpin Capital director can’t put disqualification challenge on ice
Article 2020-11-16 3:01 pm By Cat Fredenburgh Melbourne

A former director of defunct financial services company Linchpin Capital, who is facing a class action as well as civil penalty proceedings by ASIC, can’t put the brakes on his challenge to a five-year disqualification order by the regulator.

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Class action filings leap in Victoria as lawyers eye contingency fees
Class Actions 2020-11-16 12:58 pm By Cat Fredenburgh Melbourne

Class action filings in the Victoria Supreme Court have more than doubled in 2020, a trend that’s likely to hold as law firms take advantage of a new law allowing them to earn contingency fees for running successful class actions.

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Court of Appeal upholds declaration that funding agreement is valid
Class Actions 2020-11-13 9:25 pm By WP Creative

The class members in the Gladstone Fisheries class action and their funder LCM Operations have successfully upheld in the Court of Appeal a declaration confirming the enforceability of the funding agreements in the case. This is an important decision, which validates the third party funding of class actions and puts to bed any residual arguments regarding the continuing effect of the medieval torts of maintenance and champerty on class action funding arrangements, says Susanna Taylor, LCM’s head of investment, APAC.

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COVID-19 economic crisis, class actions and funded litigation
Class Actions 2020-11-11 12:30 pm By WP Creative

Will we see an increase in class actions and funded litigation following the COVID-19 financial crisis similar to that following the global financial crisis? If there is an onslaught of corporate failures, including failed managed investment schemes, then such litigation seems likely to ensue. However, in the last year, Parliament and the courts have taken steps which might slow such litigious activity, says Susan Goodman of Holding Redlich.

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Head of Chinese group charged under new foreign interference laws
Article 2020-11-06 3:52 pm By Christine Caulfield Melbourne

A 65-year-old Melbourne man has become the first person in Australia to be charged with a foreign interference offence since new national security legislation was passed in 2018.

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New High Court judges Gleeson, Steward safe picks after secretive process
Analysis 2020-10-28 11:16 pm By Christine Caulfield Melbourne

Federal Court Justices Jacqueline Gleeson and Simon Steward are safe and steady appointments to the High Court that are unlikely to disrupt the current culture of the bench and do nothing to assuage concerns about the opacity of the selection process.

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‘Clients want lawyers to present innovative solutions’: Landers nabs tech-forward partner from Deloitte
Business of Law 2020-10-28 9:45 pm By Spencer Fowler Steen Melbourne

Lander & Rogers has reeled in a heavy hitter from Deloitte Legal to bolster the firm’s regulatory and government dispute practices and sharpen its focus on innovative technology.

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