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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.