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Insurer has second crack at dodging doctor’s class action defence costs
Insurance 2022-02-17 9:32 pm By Bianca Hrovat

Avant Insurance has challenged a Federal Court judge’s interpretation of the Insurance Contracts Act in its second attempt to avoid liability for the defence costs of a plastic surgeon named in a class action brought over botched breast augmentations.

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High Court says class action shareholders can quiz directors of failed companies
Restructuring & Insolvency 2022-02-16 10:27 am By Christine Caulfield

In a boost to securities class actions, the High Court has ruled that directors of collapsed companies can be subjected to public examination by shareholders wanting to bring civil proceedings.

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‘Postbox’ solicitor in Banksia class action wins reprieve from DQ decision
Business of Law 2022-02-16 10:02 pm By Christine Caulfield

A lawyer whose conduct in the Banksia Securites class action was said to have left a stain on the integrity of the legal profession has secured a temporary stay of a decision by Victoria’s legal watchdog to disqualify him from practicing law for four years.

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CBA class action preps for class closure nod from Full Court
Class Actions 2022-02-16 12:52 pm By Cat Fredenburgh

Lawyers leading a class action against the Commonwealth Bank over its alleged money laundering compliance failures are getting their ducks in a row in the event the Full Court rules the court has the power to shut out unregistered group members from a class action.

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Aussie fashion designer suing Katy Perry a ‘calculating and dishonest’ witness, court hears
Intellectual Property 2022-02-16 10:34 pm By Cat Fredenburgh

An Australian fashion designer suing Katy Perry over the rights to use the Katy Perry trade mark in Australia is a “calculating and dishonest witness” whose “utterly dishonest” testimony should not be believed, counsel for the pop star said during closing submissions.

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‘I couldn’t sleep at night’: Clive Palmer says he feared for safety after WA’s ‘Palmer Act’
Trials 2022-02-16 7:14 pm By Sam Matthews

Clive Palmer said he feared for his physical safety as a result of the criminal immunity granted to the WA government by legislation and the consequent ‘political campaign’ waged against him, as he took the stand for the first time in his defamation trial against the WA premier.

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Ben Roberts-Smith reignites court battle with ex-wife over confidential emails
Appeals 2022-02-16 10:33 pm By Bianca Hrovat

Embattled war veteran Ben Roberts-Smith continues to pursue legal action against his ex-wife, having applied for leave to appeal a Federal Court decision disallowing cross-examination over allegations she accessed his private emails.

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Seven settles defamation suit by wrongly named Cleo Smith abduction suspect
Defamation 2022-02-16 2:54 pm By Cat Fredenburgh

Seven Network has settled a defamation lawsuit brought by a Nyamal man who the broadcaster wrongly identified as the suspect in the abduction of four-year-old Cleo Smith in Western Australia.

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Class action funder says perceived 7-Eleven ‘pressure’ relevant to $25M commission bid
Class Actions 2022-02-15 5:51 pm By Christine Caulfield

Evidence of anxiety felt by 7-Eleven franchisees leading class actions against the convenience store giant was relevant to whether the funder could earn a $25 million commission from the proceeds of a settlement, a court has heard.

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‘A complete ass’: Judge in Palmer, McGowan trial bemoans state of defamation law
Defamation 2022-02-15 9:38 pm By Sam Matthews

A judge overseeing the closely watched trial in Clive Palmer’s defamation case against WA Premier Mark McGowan has vented his frustrations with the state of Australian defamation proceedings, railing against what he said was the common practice of parties refusing to concede even minor points. 

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