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Citing ‘leisure wear effect’, MySuper class action seeks in-person hearing
Class Actions 2022-02-08 3:03 pm By Cat Fredenburgh

The parties in a class action accusing a Commonwealth Bank of Australia unit of breaching its superannuation trustee duties want the matter to be heard in person and are willing to foot the bill for the judge to travel to Sydney to make it happen.

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SAS soldiers panned ‘bulls–t’ commendation awarded to Ben Roberts-Smith, court told
Defamation 2022-02-08 3:14 pm By Bianca Hrovat

It was common knowledge that SAS soldiers sought the retraction of a ā€œbulls–tā€ commendation awarded to war veteran Ben Roberts-Smith for acts of bravery in Afghanistan in 2012, a trial in a defamation case against Fairfax has heard.

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IOOF class action to get ASIC files on abandoned insider trading probe
ASIC 2022-02-08 4:00 pm By Sam Matthews

The corporate watchdog has been subpoenaed for its investigation files in the latest development in a protracted discovery fight in a shareholder class action over alleged misconduct by wealth manager IOOF.

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In latest setback for shareholder class actions, judge finds Iluka did not breach disclosure rules
Class Actions 2022-02-07 11:21 am By Christine Caulfield

Investors have lost their class action against Perth-based Iluka Resources, the latest shareholder class action to fail after pushing through to trial.

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Full Court says Facebook can be sued in Australia over Cambridge Analytica scandal
Privacy & Cybersecurity 2022-02-07 11:30 pm By Sam Matthews

The Full Federal Court has held Facebook can be sued in Australia for allegedly disclosing the personal data of over 300,000 users to political research firm Cambridge Analytica.

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Fairfax slams Ben Roberts-Smith barrister’s cross-examination technique
Defamation 2022-02-07 9:27 pm By Bianca Hrovat

Fairfax has accused senior counsel representing Ben Roberts-Smith of using cross-examination to try to identify the source of allegedly defamatory articles that accused the former SAS soldier of war crimes.

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Deloitte report on Mercedes-Benz fixed-price model was ‘spin’, court hears
Automotive 2022-02-07 1:46 pm By Cat Fredenburgh

Australian Mercedes-Benz dealers behind a $650 million lawsuit over the car maker’s decision to move to a fixed-price agency model allege the car maker engaged Deloitte as a consultant so it could “spin” its real reasons for making the change.

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ASIC grills brother of former Nuix CFO as part of insider trading probe
Securities 2022-02-07 10:01 pm By Christine Caulfield

The corporate regulator has confirmed it has questioned the brother of former Nuix CFO Stephen Doyle and might seek further examination as part of its ongoing investigation of the troubled tech company.

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Class action against Hog’s Breath Cafe can’t dodge $1.2M security
Class Actions 2022-02-07 2:31 pm By Christine Caulfield

Franchisees of the Hogā€™s Breath Cafe restaurant chain must pay $1.23 million in security for legal costs in their class action against the franchisor, and the matter is stayed until they can pony up the first installment.

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Banksia class action lawyer loses practicing certificate in ‘bombshell’ move by watchdog
Class Actions 2022-02-04 12:13 pm By Christine Caulfield

The solicitor who was found to have acted as a “postbox” to conceal conflicts of interest in the Banksia class action has lost his practicing certificate ahead of a hearing to show cause why he should remain on the roll.

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