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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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Arrium lenders file High Court challenge over directors’ loan drawdowns
Amy Munro 2023-07-25 3:58 pm By Cindy Cameronne

Commonwealth Bank and other lenders of Arrium have filed for special leave to appeal to the High Court after losing their latest bid to make two directors liable for allegedly misleading them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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Saddled with resigning judge’s unfinished case, colleague spares no feelings
Amy Campbell 2023-07-21 11:28 pm By Christine Caulfield

A judge has resigned before delivering judgment in litigation that went to trial in 2020, and the colleague assigned the unenviable task of issuing a ruling has taken a swipe at his departing peer, noting the absence of medical or other evidence to explain her “unwillingness” to see the case through.

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Calling all aspiring judges: AG taking resumes for the bench
Business of Law 2023-07-21 3:53 pm By Gareth Baker

In a first for the Australian judiciary, the federal government announced Friday it is commencing an open hiring process for new judges, with public job advertisements seeking expressions of interest for appointments to the Federal Court of Australia and Federal Circuit and Family Court. 

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BHP unit brings High Court challenge over Christmas Day work
Appeals 2023-07-12 4:25 pm By Cindy Cameronne

BHP in-house labour hire provider Operations Services has filed for special leave to appeal to the High Court a finding that it unlawfully required its coal miners to work on Christmas Day and Boxing Day.

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Lawyer says reconvening Robodebt class action right way to compensate victims
Class Actions 2023-07-10 11:21 pm By Cat Fredenburgh

A lawyer behind a settled class action against the previous government’s Robodebt disaster has called for the case to be reconvened in the wake of a report that blasted the “crude and cruel” scheme, as Government Service Minister Bill Shorten suggests victims could sue individual Coalition ministers.

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Hotel detention legal, but lacked ‘care and humanity’, judge says
Australian Government Solicitor 2023-07-06 10:27 pm By Gareth Baker

A federal court judge has slammed Australia’s use of makeshift hotel detention centres as lacking “ordinary human decency”, but ruled they are not illegal in the case of a Kurdish refugee who was held for 14 months in two Melbourne hotels. 

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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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Judge wants more evidence for law firm’s 30% cut in IAG class action
Adam Hochroth 2023-06-30 3:40 pm By Sam Matthews

A judge overseeing a shareholder class action against Insurance Australia Group says more evidence is needed to back the applicant’s bid for an order giving lawyers 30 per cent of any recoveries.

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High Court tosses Russia’s bid to halt embassy eviction
Appeals 2023-06-26 3:47 pm By Christine Caulfield

The High Court has dismissed Russia’s application for an injunction blocking the eviction of Moscow’s embassy from Canberra.

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