Cindy Cameronne

ASIC wants to re-run its case against investment group M101 Nominees and founder James Mawhinney after admitting it made errors at its initial trial, arguing for new fines and disqualification orders on remittal by the Full Court, a judge has heard.

A judge overseeing the defamation trial of former commando Heston Russell said he was “disturbed” by an ABC press release following the broadcaster’s decision to drop its public interest defence on the eve of trial, which was reinstated days later.

A judge hearing closing submissions in Heston Russell’s defamation case against the ABC has expressed “significant reservations” about evidence by the former commando and said that a “less than complete” story could still be protected under the new public interest defence.

A judge has said that an underpayments class action’s challenge to hospitality giant Merivale’s argument that it does not owe back wages because it relied on an enterprise agreement it believed was valid should be heard before trial. 

The judge hearing a trial in defamation cases by former Liberal staffer Bruce Lehrmann against TV broadcasters ABC and Ten has said he expects both Lehrmann and alleged rape victim Brittany Higgins to take the witness stand.

A psychiatrist who gave expert evidence in a lawyer’s human rights case against his former employer cannot be sued for negligence because he is protected by witness immunity, a judge has found. 

A self-represented aged pensioner has lost his bid to revive a class action against the Department of Social Services over its real estate asset testing for pensions, with a judge saying that a legal practitioner must represent group members. 

A judge has blessed a $132.7 million settlement and a $33 million common fund order in a class action over toxic firefighting foam, saying he was “not vexed” by whether he had power to grant the funder’s payout despite the Full Court having reserved on the contentious issue. 

NAB will fight a bid by a $78 million class action over the collapse of Walton Construction to add serious fraud allegations in the four-year-old case, which a judge said has been “mired in a procedural mess”.

A judge has approved a $41.45 million settlement in a pelvic mesh class action against manufacturers Covidien and TFS but has put off deciding on the costs of the firm that ran the case, saying it is “next to useless” when law firms appoint their own costs consultants.