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Judge asks if class action firm’s uncertain GCO back-up plan ‘artificial’
Class Actions 2023-08-04 3:40 pm By Cindy Cameronne

A judge overseeing a class action against Suncorp subsidiary AAI has questioned whether the “uncertain” plan B of a law firm seeking a 25 per cent group costs order was artificially uncertain to increase the relative appeal of its contingency fee bid.

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ASIC takes Dixon Advisory director to court over $19M debt
Financial Services 2023-08-04 12:15 pm By Cindy Cameronne

ASIC is seeking penalties against Dixon Advisory & Superannuation Services director Paul Ryan for allegedly failing to consider clients when executing a deed that affected the financial advice firm’s ability to recoup a $19 million debt from its holding company. 

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Pelvic mesh law firm can’t recover $32M in interest on loan to fund class action
Class Actions 2023-08-03 11:22 am By Cindy Cameronne

Shine Lawyers has lost its bid to recover $32 million in interest on a loan it took out to run two pelvic mesh class actions against Johnson & Johnson, with a judge finding it would make a “marginal settlement less than reasonable”.

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ASIC hits eToro with first-ever design and distribution action over CFDs
Securities 2023-08-03 11:35 am By Cindy Cameronne

The Australian Securities and Investments Commission has filed its first action alleging breach of obligations in designing and selling financial products, accusing online investment platform eToro of inappropriately exposing clients to high risk CFDs.

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Ultra Tune boss a ‘dreadful’ witness, says judge in ACCC’s contempt case
Franchises 2023-08-02 11:14 pm By Cindy Cameronne

A judge overseeing the Australian Competition and Consumer Commission’s case alleging auto mechanic Ultra Tune failed to comply with court orders has labelled its managing director Sean Buckley as “one of the more dreadful witnesses” he had seen.

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ABC journalist named in Heston Russell defamation case questioned on credibility of key source
Defamation 2023-08-01 10:28 pm By Cindy Cameronne

A judge has questioned an ABC journalist who is the target of a defamation case by ex-commando Heston Russell if he should have treated a key source who another source called a “showpony” more cautiously while reporting on alleged war crimes in Afghanistan. 

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Seven, Kerry Stokes must hand over emails exchanged with Ben Roberts-Smith’s lawyers
Defamation 2023-07-31 11:39 pm By Cindy Cameronne

Fairfax can see 8,600 emails that passed between Seven’s commercial director and Ben Roberts-Smith’s legal team as it seeks significant defence costs in the accused war criminal’s unsuccessful defamation case, a judge has ruled. 

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Public interest defence not defined by truth, ABC tells court in Heston Russell defamation case
Defamation 2023-07-31 9:26 pm By Cindy Cameronne

The Australian Broadcasting Corporation has defended its reporting of alleged war crimes in a defamation case by ex-commando Heston Russell, saying the debate over whether its stories were in the public interest “rises well above truth”. 

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ABC source for Heston Russell articles told reporter his memory was ‘hazy’, court hears
Sue Chrysanthou 2023-07-28 10:06 pm By Cindy Cameronne

A source for ABC articles over alleged war crimes that are at the centre of a defamation case by ex-commando Heston Russell told reporters his memory of the events was “hazy”, a court heard Friday.

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8,600 emails passed between Seven and Ben Roberts-Smith’s defamation lawyers, court told
Defamation 2023-07-27 1:41 pm By Cindy Cameronne

A “striking” 8,600 emails passed between Seven’s commercial director and Ben Roberts-Smith’s legal team, suggesting the media company was actively involved in the unsuccessful defamation case, Fairfax has argued as it seeks significant defence costs.

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