Virgin, Jetstar, and Qantas won a court ruling against employees who claimed they were unfairly dismissed for not having the COVID-19 vaccination. The court found inadequacies in the employees' statement but allowed them to start again. The airlines sought costs for the hearing, arguing they had pointed out deficiencies in the employees' case. However, Justice Burley ruled that while the airlines were partially successful, the employees' conduct did not warrant a costs order against them.

The High Court upheld the Federal Court's decision against Qantas, rejecting the airline's argument that the Fair Work Act did not apply when it terminated ground staff. The Federal Court will hear three test cases to determine compensation for the workers, who have faced significant turmoil according to TWU national secretary Michael Kaine. Concurrently, Qantas was fined by the NSW District Court for unlawfully standing down health and safety representative Theo Seremetidis, with Judge David Russell condemning the airline's actions as 'shameful' and 'deliberate'.

Qantas was fined $250,000 by the NSW District Court for discriminatory conduct against employee Theo Seremetidis, who was stood down during the COVID-19 pandemic. The fine aims to deter major companies from similar actions, with Judge David Russell emphasizing the importance of the case as the first discrimination case under the Work Health and Safety Act in Australia. Seremetidis received compensation for economic loss and emotional distress. The TWU, which supported Seremetidis, hailed the verdict as a historic moment for corporate accountability.

The Transport Workers Union (TWU), represented by Mark Gibian SC, is seeking compensation for 1,700 workers sacked by Qantas during COVID-19, citing financial loss and distress. The Federal Court heard affidavits from three former employees as test cases. Qantas plans to argue that the sackings would have occurred legally post-pandemic. Employment lawyer Josh Bornstein from Maurice Blackburn expects the compensation to be millions of dollars. The TWU's national secretary, Michael Kaine, described the legal journey as torturous. A late-stage application by the TWU for additional compensation caused a delay in proceedings, which Justice Michael Lee criticized for not being filed earlier. The union's compensation claim will be heard alongside the penalty matter at a later date.

Qantas defended its decision to consider job cuts during the pandemic, arguing in Federal Court that cost-saving measures were inevitable. The Transport Workers Union countered, suggesting that negotiations could have secured better job protections. The court case aims to determine the compensation owed to workers dismissed in November 2020, with both sides presenting their scenarios and arguments.

The Australian government's plan to allow the Federal Court to hear criminal trials brought by ASIC, as part of its response to the Banking Royal Commission, has faced criticism. The government has allocated additional funds to boost ASIC's enforcement activity and the Commonwealth Director of Public Prosecutions. ASIC supports the bill, citing the Federal Court's expertise in civil commercial matters. However, the Law Council of Australia has raised concerns about the lack of detailed justification for the change and the experience of Federal Court judges in handling complex criminal trials. The Law Council has requested further clarification on several aspects of the bill.

A conditional settlement of $16 million has been reached between E&P Financial Group and approximately 4,000 customers in a class action led by Shine Lawyers, alleging unsuitable financial advice by Dixon Advisory Superannuation Service, which is now in liquidation. The settlement, which requires court approval, was made without admission of liability. The Federal Court previously fined Dixon Advisory $7.2 million for failing to act in clients' best interests. ASIC continues to pursue a lawsuit against former Dixon Advisory director Paul Ryan for alleged breaches of directors' duties.

Justice Beach criticized Optus general counsel Nicholes Kusalic's evidence as vague regarding a cyber attack that led to a class action by affected customers. Kusalic had engaged law firm Ashurst and Deloitte for an independent investigation, but the court found inconsistencies with Optus' statements and the intended purpose of the Deloitte report. The evidence suggested the report was not solely for legal advice, as claimed by Optus, but also for public relations purposes. The lack of evidence from CEO Kelly Bayer Rosmarin and other board members was also noted as a concern.

ASIC has taken legal action against Telstra Super, alleging that the company failed to respond appropriately to 337 complainants between December 2021 and May 2023. The regulator claims that Telstra Super did not meet internal requirements in 40% of cases, did not inform 85 customers of delays, and did not notify 22 complainants about their right to approach the Australian Financial Complaints Authority. ASIC is seeking declarations, pecuniary penalties, and other orders against the superannuation company.

Labor Senator Tony Sheldon accused Qantas of operating like a crime gang, referencing multiple legal cases against the airline, including the illegal sacking of 1,700 workers. He and TWU national secretary Michael Kaine criticized the airline's actions and called for the removal of chairperson Richard Goyder, demanding board renewal. The comments were made in the context of a District Court case involving former cleaner Theo Seremetidis, who was terminated after instructing colleagues not to work due to inadequate COVID-19 protection.

Save the Children Australia failed to convince the court and Justice Mark Moshinsky that the Commonwealth has sufficient power and control to repatriate 31 people detained in North East Syria. The charity's application for a writ of habeas corpus was dismissed, as the court concluded the respondents do not control the detention of the women and children. An alternative application for judicial review was also rejected. The detainees, held by the Autonomous Administration of North East Syria and the Syrian Democratic Forces, are Australian citizens or eligible for citizenship and have not been charged with any crime.

Major court decisions this week include a potential class action following a High Court ruling on unsafe housing, and disciplinary actions against lawyers for misconduct. Trends in the legal profession highlight the importance of financial planning for aspiring partners and the rise of 'lazy girl' jobs prioritizing work/life balance. The NSW Law Society faces legal challenges from a jailed pizza shop franchisee and criticism for trust account misconduct. A data breach at HWL Ebsworth affected nearly 70 AFP personnel, and six new senior counsels were appointed in Western Australia.

The High Court's decision to deny a permanent stay in a child sexual abuse case sets a significant precedent, ensuring that survivors can pursue justice even if the perpetrators are deceased. This ruling aligns with the Royal Commission's recommendations to remove limitation periods for historical abuse claims, countering attempts by defendants to end such claims through legal technicalities. Selva Dankha from Slater & Gordon emphasizes the importance of this outcome for victims seeking justice.

The High Court's decision on unsafe housing has significant implications for tenants in Australia, particularly in remote Aboriginal communities. The Australian Lawyers for Remote Aboriginal Rights (ALRAR) and Slater and Gordon are investigating a potential class action to seek improvements in public housing and financial compensation for affected tenants. The case highlights severe housing issues, including lack of basic amenities and ignored repair requests, and aims to address breaches of tenancy agreements and potential claims under the Australian Consumer Law and the Racial Discrimination Act.

The High Court ruled that the Northern Territory government must compensate tenants of Santa Teresa for distress caused by inhabitable rental properties. The Australian Lawyers for Remote Aboriginal Rights, supported by the Grata Fund, led the case, highlighting the poor state of housing in remote communities. Following the decision, Slater & Gordon announced an investigation into a potential class action to improve public housing and seek financial compensation for affected Aboriginal tenants. The class action may also explore claims under the Australian Consumer Law and the Racial Discrimination Act.

Qantas was found to have unlawfully terminated a health and safety representative, Mr Seremeditis, who raised concerns about inadequate COVID-19 protections. This is the second adverse ruling against Qantas in nine weeks, following a High Court decision regarding the illegal firing of 1,700 ground staff. The Transport Workers Union, which represented Mr Seremeditis, and its officials Richard Olsen and Michael Kaine, expressed that the decision casts doubt on the legacy of Qantas CEO Alan Joyce and described the airline as being in crisis. A SafeWork inspection confirmed the lack of proper cleaning practices at Qantas. The airline acknowledged the judgment and plans to review the decision. Sentencing will occur at a later date.

Qantas is facing legal challenges from the ACCC over allegations of misleading customers about flight cancellations. The airline argues that flight cancellations are a normal part of operations and that customers were informed that flight times were not guaranteed. The case, which has seen both parties present their arguments in court, is set to return in late February. This is part of a series of legal issues Qantas has faced recently, including a High Court ruling against it for unfairly dismissing 1,700 ground staff.

Mr Ip, who was never a legal practitioner, has been indefinitely disqualified from the profession for transferring funds without authorization and reimbursing himself improperly. The NSW Civil and Administrative Tribunal found his actions to be a substantial failure in maintaining professional standards, deeming him unfit for the profession. The tribunal emphasized the need to denounce his conduct to deter similar behavior in the legal field.

Six individuals have been appointed as senior counsel in Western Australia, recognized for their legal talents, integrity, and independence. The appointees include Mr. Edgar, Ms. Jowett, Mr. Rafferty, Ms. Farmer, Mr. Sims, and Mr. Owen, who have all demonstrated eminence in the practice of law over lengthy careers. They practice from various chambers, with Mr. Owen currently serving as the Director of Public Prosecutions for Western Australia.

Justice John Sackar, president and chair of the board of the Arts Law Centre, announced Dr. Louise Buckingham as the new CEO. Dr. Buckingham, with 23 years of experience in intellectual property law, expressed her commitment to advancing artists' rights and bringing her extensive experience in corporate law, in-house legal, and the not-for-profit sector to benefit the Arts Law Centre and Australia's creative industries.

Carnival plc and Princess Cruise Line were found to have breached consumer law in the Ruby Princess class action, resulting in 28 passenger deaths and 600 COVID-19 cases. Lead applicant Susan Karpik did not qualify for personal injury damages but was entitled to distress-related damages, capped at a $4,400 refund. Justice Angus Stewart highlighted the cruise line's failure to ensure passenger safety despite prior outbreaks and misleading safety assurances. The case is set for further management and final orders on 10 November.

Justice Michael Lee stated he would have reduced the defamation costs order against the ABC if they had not consented to it, due to Mr Russell providing deliberately false evidence during the trial. The false evidence pertained to a receipt sent to Mr Robertson after a dispute with a veteran charity. The costs order includes $390,000 in damages, $22,315.48 in interest, and legal costs on an ordinary basis until mid-September 2022, switching to an indemnity basis thereafter. This follows the ABC's rejection of a settlement offer of $99,000 made by Mr Russell's lawyers shortly after the lawsuit was filed.

A legal dispute between South Brisbane firm Stockley Furlong and Mr Hyde over an alleged unpaid balance has escalated to the Supreme Court, with Mr Hyde counterclaiming over $500,000 for overcharging and non-compliance with disclosure obligations. Stockley Furlong's attempt to prevent Mr Hyde from pleading a new action was denied, as the court allowed an analysis of all transactions in the running account, including those within the relevant six-year limitation period. The appeal by Stockley Furlong was dismissed, affirming Mr Hyde's counterclaim as a legitimate defense to the firm's initial claim.

Court Services Victoria (CSV) has been fined $379,157 by WorkSafe for failing to provide a safe workplace at the Coroners Court. The court faced numerous complaints between December 2015 and September 2018, including allegations of bullying, high workloads, and inappropriate behaviors. Principal in-house solicitor Jessica Wilby tragically took her life in 2018 after being diagnosed with a work-related major depressive disorder. CSV admitted to failing to identify and assess risks to employees' psychological health. WorkSafe's Narelle Beer emphasized the importance of leadership in creating a safe work environment.

Mr Alpert, a former soldier, has accused the Defence Department of malicious prosecution related to a 2001 rape charge. Despite his acquittal, the prosecution has significantly impacted his life. His counsel, Dr. David Denton, highlighted procedural irregularities and alleged deliberate indifference by the Commonwealth. The Federal Court is currently addressing issues with the pleadings, with the Commonwealth's counsel, Richard Knowles, arguing that more evidence is needed to support claims of malice.

A solicitor, Mr Colquhoun, may face disciplinary action over the attempted sale of a law firm, The Australian Law Company (TALC), to Initiative Holdings Pty Ltd (IHPL). A misunderstanding regarding the firm's ownership led to a revised agreement in 2018. Disputes over payment instalments resulted in a statutory demand by IHPL, which was later withdrawn. The ACT Law Society dismissed the first complaint against Mr Colquhoun but decided his conduct in a second complaint constituted professional misconduct. The Supreme Court is determining the jurisdiction of the ACT Law Society to pursue the second complaint and whether the ACT Civil and Administrative Tribunal can hear the case. Justice Audrey Balla found that the second complaint had substance, differentiating it from the first.

Court Services Victoria (CSV) pleaded guilty to failing to provide and maintain a safe workplace, resulting in a $380,000 fine. Between December 2015 and September 2018, numerous complaints were made about the Coroners Court workplace, including exposure to traumatic materials, high workloads, and inappropriate behaviors such as bullying and verbal abuse. Jessica Wilby, a principal in-house solicitor, tragically took her life after being diagnosed with a work-related major depressive disorder. CSV admitted to not identifying or adequately assessing risks to employees' psychological health. WorkSafe's Narelle Beer emphasized the legal duty of employers to support their workers' safety.

Anthony Watson is suing Greenwoods & Herbert Smith Freehills and Lendlease for $15.5 million, alleging breaches of whistleblower protections after claiming Lendlease committed tax fraud. Parts of Watson's claim were struck out by the Federal Court, which ruled that detrimental conduct prior to the enactment of whistleblower protections on 1 July 2019 does not apply. Watson has indicated plans to amend his claim, with the case set for a future case management hearing.

A former partner of Greenwoods & Herbert Smith Freehills, Mr Watson, faced a setback in his $15.5 million lawsuit against GHSF and Lendlease for alleged breaches of whistleblower protections. The Federal Court struck out parts of Watson's amended statement of claim, following a decision on the construction of whistleblower protections under relevant acts. Watson had disclosed concerns about Lendlease's financial statements and tax law compliance, leading to alleged detrimental conduct against him. The court ruled that detrimental conduct prior to the acts' effect on 1 July 2019 did not continue after that date. Watson's proceedings are set for a case management hearing before a docket judge at a later date.

The ABC and its journalists Joshua Robertson and Mark Willacy failed to establish a public interest defence in a defamation case involving former special forces soldier Heston Russell. Justice Michael Lee ruled that the belief in the public interest was not reasonable, ordering the ABC to pay $390,000 in damages. The case centered on allegations from a US soldier, Josh, about war crimes committed by Russell's platoon, which were published without sufficient corroboration. The urgency and manner of publication were criticized, with motivations partly driven by self-interest and commercial considerations.

The Australian Securities and Investments Commission (ASIC) alleged that ANZ failed to disclose that $791 million of its $2.5 billion share placement was to be acquired by underwriters JP Morgan, Citigroup Global Markets, and Deutsche Bank, rather than investors. ASIC argued this non-disclosure could have influenced investor expectations and ANZ's share price. ANZ countered that the information was either already known or not material to its share price. The court will schedule a penalty hearing at a later date.

The Federal Court is hearing a case brought by Save the Children Australia, represented by barrister Peter Morrissey, seeking the release of 11 Australian women and 20 children detained in poor conditions in the al-Roj camp in northern Syria. The organization is requesting a writ of habeas corpus to compel the Australian government to bring the women before a court to determine the legality of their detention. The Commonwealth argues it lacks the ability to effect the writ and that repatriation would require agreement to conditions. The hearing will continue on Thursday.

Mr Batterham's attempt to appeal a judgment related to his bankruptcy and legal representation was dismissed by the NSW Court of Appeal. The court found his claims to be duplicative, vexatious, and an abuse of process, with no arguable grounds for appeal. Turner Freeman Lawyers, who represented Mr Batterham after Clayton Utz, successfully argued that no error of law or fact was identified in the original judgment.

Kione Johnson has joined Shine's expanding class action practice, bringing extensive experience from her previous role as special counsel in an international law firm's dispute resolution team. She expressed excitement about the opportunity to work on the plaintiff side and help fight for justice for Australians. Johnson has a notable track record, including successfully defending Seqwater in class action proceedings related to the 2011 Brisbane floods. Shine highlighted her high emotional and social intelligence, which has contributed to operational efficiencies in various legal projects.

In the first hearing of Christie Whelan Browne's sexual harassment lawsuit, lawyers for Oldfield Entertainment sought a summary dismissal or permanent stay due to the time elapsed since the alleged incidents. They argued the delay prejudiced their defense, while Kate Eastman, representing Whelan Browne, countered that the respondents had ample notice of the complaint. The court was asked to consider a trauma-informed approach for Whelan Browne, with mediation scheduled for late November. The request for confidentiality by Oldfield Entertainment was contested, with Eastman advocating for transparency.

United Australia Party Senator Ralph Babet, supported by Clive Palmer, appealed a Federal Court decision regarding the interpretation of a cross on referendum ballots. Justice Steven Rares had previously ruled that a cross could signify various meanings and should not be counted as a 'No' vote, aligning with the Australian Electoral Commission's guidelines. The full court dismissed the appeal, maintaining that voting methods have been clear and consistent for decades. The debate over ticks and crosses was highlighted as potentially confusing for voters.

The Federal Court heard allegations that MLC members were charged unjustified fees and premiums to fund commissions for financial services licensees without requiring any service in return. The class action targets NULIS Nominees, the trustee for the MLC Super Fund, which allegedly extracted $165 million from members' accounts. The scheme continued until just before a legislative ban in January 2021. NAB is accused of appointing NULIS to advance its own interests, with the court highlighting conflicts of interest and lack of transparency in the fee-charging process.

Poppy, a therapy dog, has been introduced to the Melbourne court to provide comfort and emotional support to litigants, marking the first time an Australian federal court has used a therapy dog. The initiative, supported by the Victorian Bar Foundation and Guide Dogs Victoria, follows a successful pilot program with court dog Lucy. Poppy will assist in various court settings, and another dog, Zoe, is expected to join the Hobart registry soon. The program aims to extend nationwide with the necessary funding.

Mr. Raghoobar, banned from legal practice after a search revealed documents and communications with clients, argued that he was merely assisting people and not providing legal advice. Chief Justice Helen Bowskill, along with Justices Jean Dalton and Michael Buss, upheld the findings that Mr. Raghoobar engaged in unauthorized legal practice, emphasizing the seriousness of his actions and the lack of consumer protections for his clients.

M Bell's artwork 'No Tin Shack' won the $25,000 King & Wood Mallesons (KWM) First Nations Art Award, highlighting generational trauma and resilience. The award emphasizes the importance of First Nations voices and experiences. Renae Lattey, KWM's chief executive, reaffirmed the firm's commitment to genuine partnerships with First Nations communities. Djon Mundine, the award patron, praised the work's emotional depth. Additionally, Keemon Williams received the Queensland Local Artist Award for his piece 'Self Portrait (But I always wanted to be one of the Macho Men)', valued at $5,000.

Judge Nicholas Chen of the NSW Supreme Court criticized the complexity and volume of material in two costs applications brought by Benjamin & Khoury Solicitors & Attorneys and its former client, Dana Rahme. The applications, which took two days to hear, included over 1,300 pages of material and 17 affidavits. Judge Chen expressed concerns about the lack of clear demarcation in the applications and the extensive interlocutory and 'satellite' litigation involved. He noted that the hearing of the appeal would have taken less time than the costs argument.

Twenty-five barristers in New South Wales have been appointed as senior counsel, as confirmed by Bar president Gabrielle Bashir SC. The appointments include notable figures such as Dr. Peggy Dwyer, who has been involved in the Kumanjayi Walker inquest, and Brett Hatfield, the acting deputy director of public prosecutions. The newly appointed senior counsel come from various chambers and have diverse specializations, ranging from criminal law to commercial law and environmental law.

Five superior court judges, including Justice Logan, Justice Melissa Perry, Justice Robertson Wright, Justice John Halley, and Justice Lincoln Crowley, have been appointed to the Defence Force Discipline Appeal Tribunal. Justice Logan, who has served on the tribunal since 2011 and as president since 2018, is joined by Justice Perry as deputy president. The appointees bring extensive judicial and military experience, with Justice Crowley being the first Indigenous judge appointed to a superior Australian court. Attorney-General Mark Dreyfus praised the appointees for their valuable knowledge and experience.

The Australian Securities and Investments Commission (ASIC) lost its case against Finder's cryptocurrency service, Finder Earn, as the Federal Court's Justice Brigitte Markovic dismissed the proceedings. ASIC alleged that Finder Earn was a debenture and sought civil penalties for breaches of product disclosure and financial service regulations. However, the court found that Finder Earn did not constitute a debenture, as there was no undertaking by Finder Wallet to repay any moneys as a debt. The court also noted that the terms of the Finder Earn product were not found in a single source but across various materials.

Following a 2013 fire that destroyed a pizza shop under a franchise agreement with Eagle Boys Dial-A-Pizza Australia, Eco-Pact and Brian Meknas sought to reclaim $96,488 from the Law Society’s Fiduciary Fund, alleging it was lost due to a lawyer's defaults. After their initial claim was dismissed in 2021, Eco-Pact's appeal faced a requirement to pay $35,000 in security for costs. Despite requesting an adjournment due to Meknas's imprisonment, the request was denied, and the security for costs order remains in place.

Justice Mark Moshinsky of the Federal Court of Australia ruled that ANZ breached its obligation by failing to notify the Australian Securities Exchange (ASX) about significant underwriter acquisition information before trading commenced. The Australian Securities and Investments Commission (ASIC) alleged that JP Morgan, Citigroup Global Markets, and Deutsche Bank acquired substantial shares from ANZ’s $2.5 billion institutional share placements. ASIC argued that this non-disclosure could have influenced investor expectations and ANZ's share price. ANZ contended that the information was either already known or not material. The case will proceed to a penalty hearing.

Solicitor Connie Louise Picos has lost her legal battle against the NSW Bar Association, which refused to grant her a practising certificate due to mental health findings and concerns about her conduct. The NSW Supreme Court dismissed her applications, finding no procedural unfairness or jurisdictional error in the Bar's decision. Despite holding a solicitor’s practising certificate and disputing the mental health findings with her own doctor's report, the court upheld the Bar's discretionary powers to deny her application.

The article details an ongoing legal dispute between Mr. Boensch and Mr. Bingham over legal fees and the conduct of litigation. The Supreme Court is evaluating whether the amended statement of claim by Mr. Boensch discloses a reasonable cause of action or constitutes an abuse of process. Justice Mark Richmond has allowed Mr. Boensch to file a further statement but warned that future defective pleadings could lead to dismissal with costs. The case has a complex history involving multiple legal proceedings, including a High Court appeal and bankruptcy notices. The dispute centers on the fees payable to Mr. Bingham and the validity of a mortgage agreement as a costs agreement.

Legal professionals David Field and Mr Dodd discuss the role of stress in the legal profession, emphasizing that while chronic stress is harmful, a certain degree of stress can be beneficial and stimulating. They highlight the importance of investing in systems and planning to avoid constant firefighting and maintain a thriving legal team. The discussion also touches on the impact of global events like the war in Ukraine and the pandemic on business and legal practices.

New laws introduced by the Victorian government, spearheaded by Attorney-General Jaclyn Symes, ensure that violent criminals like Denyer can never apply for parole again. The legislation, which also applies to other serious offenders, aims to prevent victims and their families from reliving trauma through repeated parole applications. The adult parole board now has the authority to declare restricted prisoners, limiting their ability to reapply for parole. Minister for Corrections Enver Erdogan emphasized that parole is not a right and that those who commit severe crimes should remain behind bars.

Mr Toma's complaint to the Australian Human Rights Commission led to an attempt to move an allegation of racial discrimination by the Fair Work Commission to the Federal Court. Justice Raper dismissed the application due to lack of evidence. Mr Toma's appeal pointed to potential bias due to Justice Raper's connections, but Justice Bromwich found no basis for these claims, stating that mere attendance at a public ceremony or past professional associations do not constitute bias. The allegations were deemed extremely serious but unfounded, and the appeal was denied.

Ms Waduge, a managing principal at Shield Partners, has been banned from applying for a practising certificate until July 2027 after covering up a legal mistake by creating a false document. The Victorian Supreme Court and VCAT found her actions inexcusable, though her remorse and efforts to understand the law were noted. She has been ordered to pay $26,000 in costs. The case highlights the importance of honesty and responsibility in legal practice.

Company directors in Australia may be held liable for nature-related risks under the Corporations Act 2001, according to a legal opinion by barrister Sebastian Hartford Davis and Environmental Defender’s Office senior solicitor Zoe Bush. The opinion emphasizes the duty of directors to consider and manage these risks, drawing parallels to climate-related risks. Pollination's CEO Martijn Wilder and CCLI's Sarah Barker highlight the growing importance of addressing biodiversity loss and ecosystem breakdown. Companies are advised to understand their supply chains and dependencies on nature to mitigate potential legal and operational risks.

Queensland has updated its legislation to allow media to report the identity of accused rapists and defendants charged with other prescribed sexual offences before the committal stage, aligning with other Australian jurisdictions. The changes, influenced by the Women’s Safety and Justice Taskforce, aim to encourage more victim-survivors to report their experiences. Attorney-General Yvette D’Ath emphasized the modernization of laws and ongoing efforts to assist journalists with reporting obligations. Additional amendments address the recognition of the loss of an unborn child due to criminal conduct and clarify qualifications for justices of the peace. The Palaszczuk government remains committed to strengthening the justice system and increasing sentencing transparency.

The Federal Court has ordered the National Bank of Australia (NAB) to pay $2.1 million for violating the Australian Securities and Investments Commission Act by wrongfully charging periodical payment fees to customers without a contractual agreement. Justice Roger Derrington criticized NAB for prioritizing its commercial interests over legal obligations and expressed regret that the maximum penalty is insufficient to deter future misconduct.

The Supreme Court ruled in favor of Mr Bingham, allowing him to enforce a mortgage securing costs for legal services provided between February and December 2019. Mr Boensch's cross-claim, which included allegations of professional misconduct and sought to void the mortgage, was dismissed. The court found no merit in the arguments presented by Mr Boensch, including claims of a breached costs agreement and uncertainty around a signature.

Justice French and over 70 law professors argue that the Voice referendum is not constitutionally risky, countering claims that it would impose legal obligations on Parliament. They emphasize that the Constitution has always contained racial elements and that the Voice would not introduce a new racial divide. The Asian Australian Lawyers Association supports the amendment, viewing it as a significant step towards justice and equality for all Australians.

Qantas is potentially facing a second class action by Piper Alderman, which is in conflict with an earlier suit by Echo Law over the airline's issuance of travel credits instead of cash refunds for flights cancelled due to COVID-19. Echo Law's counsel, Dr Oren Bigos, has objected to Piper Alderman's involvement, citing a lack of a lead applicant and formal filing. Justice Murphy has expressed concerns about the impact on timetabling and the possibility of law firms engaging in bad behavior due to a 'first to file' rule. He also warned against actions not in the group members' interests and suggested the possibility of consolidating the two actions. Piper Alderman has indicated that funding discussions with Omni Bridgeway are underway and that proceedings are expected to commence within two to three weeks.

The Australian Law Students’ Association (ALSA) president Annabel Biscotto and Newcastle Law School's Dr. Kcasey McLoughlin emphasize the importance of gender equality and inclusivity in the legal profession. The ALSA's leadership is predominantly female, reflecting a shift towards greater diversity. The article highlights the need to address and prevent discriminatory behavior to ensure a more equitable future for the profession.

Mr Hinds emphasizes the significant challenges faced by disadvantaged students in pursuing legal careers, despite the goodwill and support from organizations like the Pinnacle Foundation. He argues that financial support, mentorship, and targeted programs are essential to leveling the playing field and benefiting the legal profession. He highlights the need for early-stage support and collaboration between universities and legal institutions to engage prospective lawyers. Mr Hinds also shares his personal experience and involvement in mentoring rural and regional students, advocating for continued efforts to address institutional barriers.

A two-year-old girl, known as DIZ18, won a landmark settlement against the Commonwealth of Australia for mistreatment in Nauru's immigration detention. The case, which took five years to reach a settlement, highlighted the Commonwealth's failure to provide timely medical care. Maurice Blackburn Lawyers, representing DIZ18, welcomed the decision, emphasizing the national shame of detaining children in such conditions. The case underscores the need for fair treatment and proper medical care for all asylum seekers in Australia.

The 'no contact' rule in the Australian Solicitors Conduct Rules, used to impose serious consequences on solicitors who breach it, has significant ambiguities and flaws, according to Dr Bill Swannie of Thomas More Law School. Published in the Adelaide Law Review, Dr Swannie's analysis highlights the unclear scope of the rule, its varying interpretations across jurisdictions, and the potential for confusion among solicitors. He identifies five key ambiguities, including the rule's application to litigious versus non-litigious matters, exceptions in social settings, and the rule's applicability to different levels of employees within an organization. The rationale for the rule remains unclear, with arguments suggesting it protects both clients and solicitors.

Salih Tuncer, a sole practitioner at Parker Lawyers and Consultants in West Melbourne, was reprimanded by the Victorian Civil and Administrative Tribunal (VCAT) for professional misconduct related to a 2018-2019 incident. Tuncer failed to honor an undertaking to pay valuers promptly, leading to a complaint and investigation by the Victorian Legal Services Commissioner. VCAT's senior member Reynah Tang highlighted Tuncer's breach of solicitor conduct rules and imposed a fine, costs, and mandatory professional development on ethics and family law practice.

A report has found that while law firms have invested in technology, cybersecurity, and business development, they have neglected strategies for financial and operational futures, with only 30% adopting financial strategies since 2018. Operational strategies have also decreased from 60% to 30%. Firms are focusing on client acquisition and business development, with many planning to add technology to provide value to clients. However, only 32% of firms have a strategy for employee retention, despite 70% looking to hire, highlighting challenges in a talent-short market. Employees value work/life balance, flexible working, new technology, and organizational culture, with technology seen as a tool to improve work/life balance. Attitudes towards technology have become more positive, with decreased concerns about resources and fear of change.

Former Federal Court Chief Justice James Allsop will oversee upcoming mediation discussions between Qantas and the Transport Workers Union (TWU) regarding employee compensation, excluding penalty discussions. Justice Michael Lee has scheduled a case management hearing for late October and plans to rearrange the court calendar for an early penalty hearing. The TWU, represented by solicitor Mark Gibian, has expressed concerns about the transparency of the mediation process for the 1,700 affected former employees. Qantas' request to have an in-house lawyer with settlement authority attend the mediation was rejected by Justice Lee, who emphasized the importance of executive attendance. TWU national secretary Michael Kaine mentioned that new Qantas CEO Vanessa Hudson has acknowledged the hurt caused to the outsourced workers and has apologized, with Kaine emphasizing the need for a culture change and the return of secure aviation jobs.

The Office of the Special Investigator (OSI) will review sensitive material from the trial of Mr Roberts-Smith after Justice Anthony Besanko ruled that three Australian newspapers had civilly proven his complicity in the murder of four Afghan prisoners. Although not criminally charged, Mr Roberts-Smith has appealed the ruling. Redacted trial materials will be filtered by special counsel before OSI access. Justice Robert Bromwich advised against electronic redactions to prevent repeat incidents where they were removed. Arthur Moses, representing Mr Roberts-Smith, had expressed concerns that OSI's access to sensitive material could contaminate the investigation.

Mills Oakley has recruited key lawyers from MinterEllison, including Mr Pinder and Mr McLaren, who bring extensive experience in public law litigation, administrative law, and regulatory work. The firm will also expand with the appointments of special counsel Anthony Gardner, associate Max Hopkins, and senior associate Taylor Young, among others. Mills Oakley's chief executive, John Nerurker, views these appointments as a significant boost to the firm's strategy to lead in public and administrative law.

Benjamin Leigh Carter, founder of Carter’s Tax Advisory, is facing a civil case and criminal charges for allegedly committing a $26 million fraud using his position as a tax agent. He has accused Sportsbet of engaging in unconscionable conduct by offering inducements to gamble despite his lack of funds. The Tax Practitioners Board has banned Carter for five years, and he is currently on bail. The trial is set to resume on November 3, with a civil case court appearance scheduled for next March.

Justice Nye Perram granted Seven's application to appeal a subpoena related to the Roberts-Smith trial, following submissions that handing over documents would intrude on the media company's confidential affairs. This decision comes after a previous rejection by Justice Anthony Besanko to set aside subpoenas for the documents. Nine, the publisher behind several major Australian newspapers, seeks these documents to understand Seven's involvement in the failed litigation against them. The trial was initially funded by Seven, Roberts-Smith's employer at the time. Legal representatives from both sides presented arguments regarding the scope and sensitivity of the requested communications.

Benjamin Leigh Carter, founder of Carters Tax Advisory, has filed a civil claim against Sportsbet, alleging the company engaged in unconscionable conduct by offering inducements to continue gambling despite knowing he had insufficient funds. The case management hearing took place on 25 September, with further proceedings expected next March. Justice Shaun McElwaine questioned the risks of advancing the civil case while criminal charges against Carter are still pending. Carter has yet to enter a plea to the criminal charges. Allegations include Sportsbet providing cross-country flights, VIP treatment, and corporate box seats to encourage continued gambling.

The week of 18-22 September saw several solicitors face tribunals for misconduct and the legal profession grappling with a significant cyber security breach. A solicitor lost a court fight against the NSW Bar over mental health findings, a Melbourne sole practitioner was reprimanded for not honoring an undertaking, and another Melbourne lawyer avoided criminal charges for contempt of court. An aspiring lawyer was barred from the profession due to a history of problematic litigation. The rise of alternative legal services providers is reshaping the legal market, while some legal workplaces are criticized for their approach to mental health awareness. Australian firms are experiencing a strong recovery despite economic challenges, and law students are showing promise for a more inclusive profession. The national cyber security coordinator has concluded the formal response to the HWL Ebsworth hack, and in-house lawyers report feeling uninformed about company risks.

The Federal Court ordered National Australia Bank (NAB) to pay a $2.1 million penalty for charging customers fees without a contractual agreement, a practice it continued despite knowing it was wrong. Justice Roger Derrington criticized the bank for prioritizing commercial interests over legal rights, describing the behavior as morally derelict and indicative of an inherent sense of entitlement. He expressed regret that the maximum penalty imposed was unlikely to deter NAB from future similar conduct, as the bank had a history of repeated offenses against financial services legislation.

Professor Penelope Mathew, an expert adviser on international refugee law and human rights, has been appointed as the president and commissioner of the ACT Human Rights Commission. She will succeed Dr Helen Watchirs starting from mid-October. Professor Mathew is currently the dean of the University of Auckland Law School and has previously worked at various universities and advised the United Nations. She also served as a consultant to the Australian Human Rights Commission. The ACT Bar Association has expressed congratulations to Professor Mathew and gratitude to Dr Watchirs for her service.

Mr Carter has highlighted that many travel insurance policies contain hidden alcohol exclusion clauses, which can lead to claims being denied. Examples include a family being refused a claim by Cover-More due to alleged intoxication and another family facing a $500,000 bill after a claim was denied because of alcohol in the system. Carter criticized the vagueness of terms like 'too much alcohol' and advised against making statements about alcohol consumption before seeking legal advice. He suggested that insurers should prove in court that alcohol consumption caused the accident before denying claims.

The Federal Court, presided by Justice Michael Lee, has scheduled a case management hearing for late October to review the outcome of a mediation between Qantas and the Transport Workers Union (TWU) regarding compensation for 1,700 ground staff illegally fired by Qantas in 2020. The High Court of Australia recently dismissed Qantas' appeal, affirming the Federal Court's decision that the airline breached the Fair Work Act 2009. The TWU has expressed concerns about the transparency of the compensatory claims process for the affected employees. Justice Lee emphasized the importance of executive involvement in the mediation to enhance settlement prospects and requested the parties to prepare for the possibility of not reaching an agreement.

FTI Consulting has appointed Tommy Wakefield-Smith as a senior managing director. Stephen Rae, head of construction solutions practice in Australia, praised Wakefield-Smith's extensive experience in engineering and construction projects across Europe, the Middle East, and Africa. Wakefield-Smith, who previously held senior roles at TBH, HKA, and Synel Consulting, expressed enthusiasm for developing holistic solutions to address clients' business challenges.

This week in the Australian legal profession featured significant disciplinary actions and court proceedings. A lawyer was struck from the roll for ignoring a client's calls, a barrister was removed for misconduct in the Banksia class action, and a solicitor's unfair dismissal fight against a former firm was dismissed. The Victorian Bar condemned the 'men in law awards', a solicitor admitted to deception in a David Jones store, and Queensland's Attorney-General called for an investigation into a privacy breach by the Brisbane Magistrates Court registry. Law Squared expanded to New Zealand, and former Qantas workers secured a High Court victory for compensation after illegal termination during the pandemic.

Ms Angeleska, a law graduate from 2014, has been denied entry into the legal profession due to a history of litigation deemed inappropriate. Her conduct in various proceedings, including acting as a litigation guardian and lay advocate, has been criticized for including embarrassing questions to witnesses, threats of lawsuits, and argumentative behavior. She also attempted to relitigate resolved issues from her husband's case and was accused of causing unnecessary costs and delays. The Victorian Legal Admissions Board highlighted her lack of insight into her conduct as a significant issue, which was echoed by Chief Justice Anne Ferguson and Justices Richard Niall and Kristen Walker, who found that Ms Angeleska could not clearly articulate why her conduct was inappropriate.