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Legal challenge to Mount Pleasant coal mine extension fails
Environment 2023-10-11 2:54 pm By Cindy Cameronne

A decision by federal environment minister Tanya Pibersek to greenlight the extension of two mega coal mines in NSW was “legally open” to her, a judge has ruled, despite acknowledging the “existential threat” of climate change. 

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Settlement in sovereign bond class action gets court’s nod
Class Actions 2023-10-11 11:31 pm By Sam Matthews

A judge has approved the settlement of a class action brought on behalf of sovereign bondholders over the disclosure of climate change risks, despite a late scrap with the government over whether the deal puts a stop to future cases.

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ASIC seeks urgent orders barring payday lenders from enforcing ‘harmful’ loan contracts
Financial Services 2023-10-11 4:00 pm By Cindy Cameronne

The Australian Securities and Investments Commission is seeking to restrain payday lenders Cigno and BSF Solutions from enforcing loan fees against 10,000 customers.

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Nose job patient hit with indemnity costs after refusing surgeon’s ‘exceptionally generous’ offer
Defamation 2023-10-11 2:15 pm By Sam Matthews

A nose job patient who allegedly defamed his surgeon has been hit with indemnity costs after refusing the surgeon’s “exceptionally generous” offer to settle.

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Top Dick Smith execs drop High Court appeal against receivers
Restructuring & Insolvency 2023-10-10 11:02 pm By Christine Caulfield

Two former Dick Smith executives have settled with the receivers of the defunct electronics retailer, dropping a High Court appeal over an $11.8 million ruling.

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NAB ‘obliged’ to charge adviser fees at issue in class action, court told
Trials 2023-10-10 10:10 pm By Cindy Cameronne

NAB unit NULIS Nominees was not only allowed to charge superannuation fund members fees for adviser commissions, it was “obliged” to do so, a court has heard during a class action trial over alleged conflicted remuneration. 

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Ben Roberts-Smith to pay $1M in security in defamation appeal
Appeals 2023-10-10 10:53 pm By Cat Fredenburgh

Former SAS corporal Ben Roberts-Smith has been ordered pay $910,000 in security for costs as he appeals a defamation ruling that found he committed murder in Afghanistan and was not a reliable witness. 

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Seven year-long investor class action over AFSL ‘racket’ headed to High Court
High Court 2023-10-10 1:02 pm By Cindy Cameronne

A class action against a director of defunct financial services firm Hodgson Faraday is headed to the High Court after seven years of litigation, with the director appealing findings that he was involved in misleading South Korean investors.

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Trial kicks off in adviser fee class action against NAB
Trials 2023-10-09 10:45 pm By Cindy Cameronne

NAB unit NULIS Nominees was “hopelessly conflicted” in continuing to charge allegedly unlawful adviser commissions to superannuation fund members, a court has heard on the first day of a class action trial.

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Virgin Australia lobs cross-claim in bondholder class action
Class Actions 2023-10-09 10:26 pm By Sam Matthews

A bondholder class action against Virgin is heating up, with the airline filing a cross-claim seeking the court’s approval to demand periodic payments from the applicant to cover its costs under a contentious indemnity clause.

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