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Court in the Act Articles from 2009
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Court in the Act    October 21, 2009  
Adventures in litigation

Judges’ associate Ginger Snatch has been ringside at some recent exciting court cases … A splendid display of Tourette’s Syndrome … The arrival of badly needed competition for the Competition Tribunal … Doubts about lawyers’ ability to give impartial evidence in cases where they are acting for companies in which they have an interest ... more

Court in the Act    October 7, 2009  
From the annals of litigation

Barrister points to some of the “appalling problems” facing litigation in Oz … Artificiality, complexity and obscurantism … Witnesses not properly tested … Right to justice lost to all, except the wealthy ... more

Court in the Act    September 30, 2009  
Gang bang

Kable watchdog barks again … The South Australian Full Court strikes down key part of the state’s anti-bikie law as unconstitutional … High Court appeal on the way … NSW gangs’ law ripe for a tickle-up ... more

Court in the Act    September 2, 2009  
No molluscs in Melbourne

Appearance of conflict … It took Justice Paul Brereton nearly two months to recuse himself from hearing tobacco litigation in the NSW Supreme Court … It took Justice Elizabeth Hollingworth just a few moments to do the same thing in Victoria … What’s in the water? ... more

Court in the Act    August 26, 2009  
Map of Tasmania

Political skulduggery … Senior legal appointments derailed … Newspaper leaks … Shredded documents … Unsavoury odours … Rumour … Innuendo … Mayhem … Even though it’s cold, reporter Natalie Buck discovers that Tasmania is surprisingly steamy ... more

Court in the Act    August 13, 2009  
Lemon Grass interruptus

Terrible birching for ACT Supreme Court judges … Canberra lawyers jubilant at High Court’s wake-up call … Ten months to decide procedural issue … Drowsy procrastination … Natalie Buck reports ... more

Court in the Act    July 13, 2009  
The human cost of litigation

BlueScope Steel is defending a damages claim as though its life depended on it … After a 94-day trial the NSW Court of Appeal has ordered a fresh start … Now it’s off to the High Court … And the meter is ticking madly … Nicole Eastaway reports ... more

Court in the Act    May 27, 2009  
Smoke rings

Shades of Rolah McCabe … Batties beware … Philip Morris goes down in huge US$79 million punitive damages case in US … Valerie Perumalla chased down Peter Semmler QC, hoping he’d blow a bit of smoke her way ... more

Court in the Act    May 15, 2009  
A most regrettable trial

NSWAppeals’ stinging rebuke of judge’s “fundamentally flawed and inadequate” findings following a 94-day personal injury trial. Nicole Eastaway reports ... more

Court in the Act    April 29, 2009  
A chorus of non-recollection

To save you ploughing through 315 pages of mostly bone dry gumph we’ve distilled the rewarding morsels of Justice Ian Gzell’s judgment in the James Hardie case … It’s complete with lots of “feigning” and a company PR man who knows nothing – did nothing … Jonathan Gadir reports ... more

Court in the Act    April 3, 2009  
You are safe Mr Pape

The Cour de Cassation downs Bryan Pape’s attempt to filch the stimulus from working Australians. None of that Keynsian stuff here, thank you ... more

Court in the Act    March 12, 2009  
The future of fair trials: you're standing in it

Procrustes chops the legs off the NSW solicitor general, who thinks we’ve got enough rights and they are all adequately protected … But the right to a fair trial was recently waterboarded by the High Court … What now? ... more

Court in the Act    March 12, 2009  
Groping for a better human rights formula

Current proposals for a Human Rights Act are constitutionally unworkable, says former High Court judge Michael McHugh. Stop the campaign now and opt for a model with enforceable rights and remedies. He regrets his criticisms will provide ammo for the anti-rights brigade ... more

Court in the Act    March 2, 2009  
High Court's limp look at secret evidence

The High changes tone and says secret “criminal intelligence”, out of reach of the affected party, does not render a hearing unfair … as long as judges keep their composure … Procrustes disagrees ... more

Court in the Act    February 12, 2009  
Jury finds Liati guilty

Jonathan Gadir was there to hear the forewoman jump the gun … “Guilty” ... What next for Angela Liati, doomed alibi for The Mensch? ... more

Court in the Act    February 11, 2009  
Liati for the defence

Clunky gear changes mark Angela Liati’s defence of the Marcus Einfeld false alibi charge … Complex romantic entanglements to blame … Jonathan Gadir was there ... more

Court in the Act    February 3, 2009  
La Liati on trial

Wheels of justice creak back into gear in the trial of erstwhile Mensch “alibi” Angela Liati … Pace of proceedings more in the mode of a stalled, rather than a speeding, Lexus … Michaela Whitbourn has been courtside ... more

Court in the Act    January 20, 2009  
The right to whistle for Rupert

Allan Kessing maintains he didn’t tell, but a pre-ascension Justice V. Bell found a strong circumstantial case supported an “overwhelming inference” the former Customs official leaked juicy secrets to the reptiles … Rudd’s promised protections still whistling in the wind … Michaela Whitbourn gets us up-to-speed ... more