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Consumer law claims dropped in Bayer contraceptive class action
Class Actions 2021-05-14 10:33 pm By Cindy Cameronne

The lead applicant in a class action against Bayer over its allegedly defective Essure contraceptive devices has won court approval to drop her consumer law claims against the German drug maker, with a judge agreeing that the plaintiff’s defect and negligence claims had a better chance of succeeding.

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Peter V’landys loses defamation case against ABC over racehorse cruelty report
Defamation 2021-05-14 5:56 pm By Miklos Bolza

Racing NSW CEO Peter V’landys AM has lost his defamation case against the ABC, with a judge rejected allegations a 7.30 segment, which revealed racehorses were being slaughtered in violation of industry rules, was defamatory.

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800-page report dooms ASIC bid for early trial in cybersecurity case against IOOF unit
Privacy & Cybersecurity 2021-05-14 3:39 pm By Cindy Cameronne

A judge has denied ASIC’s request that the court hear its case against RI Advice in November, giving the IOOF unit more time to respond to the 800-page expert report filed by the regulator in support of its case that the company lacked adequate cybersecurity systems.

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Worrells partner wins costs from ASIC for incoherent pleading
Restructuring & Insolvency 2021-05-14 3:22 pm By Cat Fredenburgh

A Worrells liquidator facing ASIC proceedings seeking to have his registration cancelled has won costs from the regulator after a judge found he was entitled to a “coherent pleading” and ordered the regulator to file a statement of claim.

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Judge hits pause on Christian Porter defamation case amid dispute over top silk
Defamation 2021-05-14 12:57 pm By Miklos Bolza

A judge has temporarily adjourned former attorney-general Christian Porter’s defamation lawsuit against the ABC over its coverage of historic rape allegations pending the outcome of a separate legal challenge over whether barrister Sue Chrysanthou SC can represent him in the case.

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Banks can access JP Morgan’s ‘first accounts’ in ANZ cartel case
Competition & Consumer Protection 2021-05-14 11:56 am By Cat Fredenburgh

Several banks and executives facing criminal cartel charges over a $2.5 billion ANZ share placement have won access to interview notes taken by whistleblower JP Morgan prior to it being granted immunity, which the banks say will prove inconsistencies in the prosecution’s case.

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Telstra fined $50M for ‘beyond conscience’ exploitation of Indigenous customers
Competition & Consumer Protection 2021-05-13 10:49 pm By Cat Fredenburgh

Telstra has been fined $50 million for using unconscionable tactics to sign up more than 100 Indigenous customers with post-paid mobile plans they didn’t understand and could not afford, the second highest penalty ever imposed for consumer law violations.

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Solicitor denied procedural fairness in harassment investigation, appeals court finds
Employment 2021-05-13 6:33 pm By Miklos Bolza

Victoria’s State Revenue Office breached its obligations and denied procedural fairness to a senior solicitor who was fired after an investigation into alleged harassment, the state’s Court of Appeal has found.

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Gadens wins privilege fight over ‘malicious’ letter to building regulator
Construction 2021-05-13 5:26 pm By Cindy Cameronne

The director of building company Modscape has lost his bid to access Gadens’ advice concerning an allegedly false and malicious letter sent to the Victorian Building Authority that questioned his financial probity.

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Friend of Christian Porter accuser denies delay in legal action against silk
Legal Ethics 2021-05-13 4:32 pm By Christine Caulfield

The woman bringing court action seeking to stop Christian Porter’s senior barrister from acting for the former attorney-general in his defamation case against the ABC has attacked suggestions that she strategically delayed bringing the conflict of interest challenge.

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