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High Court Whisperer on a hot streak
High Court hands down 3 decisions, with Bret Walker SC successful in 2/2. High Court rules that doctrine of vicarious liability does not extend to a relationship which is neither one of employment nor “true agency” in Bird v DP (a pseudonym) [2024] HCA 41.
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Daily wrap
Yesterday the High Court handed down three decisions. Judgment summaries below:
Objection, victims get unfair advantage: silks criticise rape law shift [The Australian paywall]
A bill to stop rape complainants being cross-examined prior to trial has been eviscerated by leading criminal silks who say it tilts the scales of justice towards alleged victims and jeopardises a defendant’s right to a fair trial.
Embattled WiseTech faces class action lawsuit from shareholders [SMH paywall]
Just weeks after its CEO stepped down, the software firm is now facing Supreme Court action alleging misleading conduct and a breach of disclosure obligations to investors.
Editor’s picks
Michael Kingston - William and Lonsdale - Lives in the Law - Apple Podcasts
This week, we welcome former Australian Government Solicitor Michael Kingston to the show. Michael has had a diverse and fascinating career. Beginning with articles at Mallesons, he went on to become a partner and spent over two decades there, primarily in commercial law. He also worked in London, Papa New Guinea, was the chief legal officer at ASIC and, most recently, the Australian Government Solicitor. It is a fantastic conversation and a pleasure to welcome Michael to the show.
Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 10) [2023] FCA 1656 (21 December 2023)
[126] Having regard to the nature of the despoiling conduct and the need for an award to sting, in the circumstances of this case in my view an appropriate award of exemplary damages against Hanhwa Korea and Leemen Korea is $2,000,000. Such an award may seem large, but it is designed to significantly hurt. Moreover, I would reject the past practices of some judges who seem to have pussy-footed around and been parsimonious in their approach to such awards.
US firms to reshape market: new DLA Piper head [AFR paywall]
Corporate partner Shane Bilardi will take over from Amber Matthews as DLA Piper’s local managing partner early next year.
Daze in Court - Judges, Defaul–Think Foley's – Apple Podcasts
In this episode, List Member Rohan Hoult discusses the newest amendments to the Family Law Act, as well as best practices for interacting with judges in public settings, and the introduction of the Defaulter's List.
M&A deals to spike ahead of merger reforms, says Corrs [AFR paywall]
The new regime is likely to capture more deals and involve longer reviews, the law firm has warned.
International
The recent list of conversions from SC to KC has occurred.
— Chris Kaias (@chriskaias)
10:57 PM • Nov 12, 2024
Electoral (Accountability and Integrity) Amendment Bill 2024 (Sth Aust), banning political donations, introduced yesterday by A-G, who said (2nd reading speech): "the ban potentially impacts free political communication which is protected under the Commonwealth Constitution."
1/3— Australian Constitutional Law (@ConstitLawAus)
8:12 AM • Nov 13, 2024
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