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A lesson in seeking legal advice
Allianz's $16m fine a lesson on the value of briefing external lawyers, with Rothman J observing it was ironic that the $16m fine could have been avoided if $30k was spent on external lawyers - see [2025] NSWSC 127
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[22] On 5 February 2016, the General Manager responded to an email sent by the Allianz Lawyer earlier that day. The General Manager stated that the external costs [of $25,000 - $30,000] were significant, an internal review was preferred and to brief externally when certification was needed.
[84] …It is ironic and itself a lesson in management that, if on or shortly after 5 February 2016, Allianz had approved the external legal review, it (and AWP) would have avoided these offences, the fine and remediation cost at a total cost of approximately $30,000.
Leslie Andrew Nash: Inquest ordered into NSW Police constable who died in 1935 [SMH paywall]
“In an extraordinary Supreme Court judgment this week, Acting Justice Derek Price ordered that the 1935 finding of suicide be quashed, and directed that a new inquest take place. There was, Price wrote, “a real possibility” the coroner’s decision was erroneous.”
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Bar Council drops DPP complaints [The Australian paywall]
The NSW Bar Council has dropped two complaints that accused chief prosecutor Sally Dowling SC of attempting to influence the judiciary, claiming it does not have the jurisdiction to determine whether her actions amount to unsatisfactory professional conduct.
Tony Maddox: Toodyay real estate agent found guilty of Aboriginal Heritage Act breach | The Nightly
“The business owner fought the charge surrounded by a phalanx of supporters at a two-day trial in Perth Magistrates Court in February last year, represented by barrister and former attorney-general Christian Porter.”
Slaters staff (CEO included) shared rogue email 300 times in an hour [AFR paywall]
In an emergency meeting, Slater and Gordon chief executive Dina Tutungi said allegations in a rogue email were “rubbish” and her wage was exaggerated by “shitloads”.
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An all-staff email featuring the pay details of more than 900 staff has ricocheted around a law firm already torn between its private equity owner and trade union heritage.
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Police v Aulich; Police v Papandrea - ACT Magistrates Court
Benjamin Joseph Aulich (“Aulich”) and Michael Anthony Papandrea (“Papandrea”) are charged with conspiracy to deal with money which was the proceeds of crime, in contravention of s 48 of the Criminal Code 2002(ACT).
Benjamin Joseph Aulich is separately charged, in the alternative, with recruiting Michael Anthony Papandrea to assist in carrying out a criminal activity, in contravention of s 655(1) of the Criminal Code 2002 (ACT).
The offending is alleged to have occurred in circumstances where an undercover police officer (UCO1) posing as Alex Torosian sought legal advice from Aulich (who is a solicitor) on the pretence that the AFP had seized $100,000 cash from him.
[decision includes details of some conversations between the solicitor and undercover police officer]
Vale Professor Harold Luntz AO - by Katy Barnett
I wrote this obituary for publication in a forthcoming edition of the Australian Law Journal, but I thought I would share it with you here, so that it can get to a non-legal audience, because Harold was such a good man.
APPEALS – apprehension of bias – procedural fairness – whether the trial judge’s interventions gave rise to apprehension of bias or procedural unfairness – whether excessive judicial questioning or comments – whether real danger that trial was unfair
TORTS – malicious prosecution – where criminal proceedings result in acquittal – where police officer instituted proceedings by charging the accused – where proceedings taken over by Director of Public Prosecutions – whether police officer maintained the proceedings – whether in charging the accused police officer acted without reasonable and probable cause – whether officer acted with malice
Open justice needs social media-era rethink, says Chief Justice Federal Court [AFR paywall]
Chief Justice Debra Mortimer wants to move beyond “misused” conceptions of open justice, which are tied to traditional methods of media consumption.
“The trial judge said that he prepared three sets of reasons that were identical, except for the number of years of incarceration (i.e., 6, 7, and 8 years, respectively). On the day of sentencing, he took the “wrong set of reasons” with him into court.”: coadecisions.ontariocourts.ca/coa/coa/en/ite…
— Jeremy Gans (@jeremy_gans)
8:56 PM • Feb 27, 2025
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