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Judge recuses himself from OSI’s bid for evidence in Roberts-Smith case
Defamation 2023-08-25 11:30 pm By Sam Matthews

A judge who found that Ben Roberts-Smith committed war crimes has recused himself from deciding whether the Office of the Special Investigator can access evidence in the former SAS corporal’s defamation case for its own investigation into war crimes in Afghanistan.

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Virgin class action a lawyers’ feast after judge joins insurers
Business of Law 2023-08-22 12:47 pm By Sam Matthews

A class action against Virgin Australia has become a lawyers’ feast, with seven new firms entering the ring after a dozen insurers were joined to the action alleging the airline failed to disclose its true financial position in a $324 million capital raising prospectus.

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ASIC loses appeal in CBA conflicted remuneration case
Financial Services 2023-08-17 10:32 am By Cindy Cameronne

ASIC has lost its challenge to findings that a revenue sharing arrangement between the Commonwealth Bank of Australia and former subsidiary Colonial First State Investments did not breach conflicted remuneration provisions of the Corporations Act.

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Seven, Stokes keep up fight to shield emails with Ben Roberts-Smith’s lawyers
Appeals 2023-08-16 11:30 pm By Christine Caulfield

Seven Network and owner Kerry Stokes are seeking to challenge a ruling ordering them to produce thousands of emails exchanged with Ben Roberts-Smith’s legal team as Nine tallies its costs of successfully defending the former soldier’s defamation action.

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Seven refused extension for handing over emails with Ben Roberts-Smith’s lawyers
Defamation 2023-08-11 1:05 pm By Cindy Cameronne

Kerry Stokes and Seven Network have lost their bid for an extension to produce 8,600 emails exchanged between the media company and Ben Roberts-Smith’s lawyers in Fairfax’s bid for costs in defending the defamation case over alleged war crimes 

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Roberts-Smith wants judge to recuse himself from deciding if OSI can see evidence
Defamation 2023-08-07 1:03 pm By Cindy Cameronne

Ben Roberts-Smith has argued a judge should recuse himself from deciding if the Office of the Special Investigator can access his defamation court file, arguing the public might think he was biased and wanted to “further” his findings that the former SAS corporal committed war crimes.  In a case management hearing on Monday, Arthur Moses…

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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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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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Fairfax wants Seven, Herbert Smith Freehills emails in Ben Roberts-Smith case
Defamation 2023-07-21 2:11 pm By Cindy Cameronne

Seven Network and law firms Herbert Smith Freehills and Addisons are fighting Fairfax’s bid for communications relating to Ben Roberts-Smith’s unsuccessful defamation case, as the publisher seeks its significant defence costs. 

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Virgin class action wants DOCA indemnity clause amended to reflect ‘what creditors were told’
Restructuring & Insolvency 2023-05-31 4:39 pm By Sam Matthews

A class action of bond holders accusing Virgin Australia of failing to disclose its true financial position in a 2019 prospectus for a capital raising wants a contentious indemnity clause in the airline’s DOCA narrowed, in proceedings a judge has said “increasingly resemble a farce”.

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