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Seven must produce emails exchanged with Ben Roberts-Smith’s lawyers
Defamation 2023-11-30 1:33 pm By Cindy Cameronne

An appeals court has refused to set aside subpoenas forcing Seven to produce some of the 8,600 emails it exchanged with Ben Roberts-Smith’s solicitors concerning his failed defamation case over alleged war crimes he committed in Afghanistan.

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Ex-ANZ unit hit with $5M penalty for fees-for-no-service conduct
Superannuation 2023-11-29 4:40 pm By Cat Fredenburgh

Former ANZ superannuation trustee OnePath Custodians has been hit with a $5 million penalty for charging superannuation members more than $4 million in fees that it was not entitled to.

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Ben Roberts-Smith hit with indemnity costs for failed defamation case
Defamation 2023-11-28 5:30 pm By Cat Fredenburgh

Ben Roberts-Smith has been hit with indemnity costs for his failed defamation case over articles accusing him of war crimes, with a judge agreeing with the publishers that the former SAS corporal knew the allegations were substantially true.

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Settlement offer not inadmissible in case against law firm, judge says
Professional Negligence 2023-11-24 11:52 pm By Sam Matthews

A judge has ruled that a settlement offer made in a case can be adduced into evidence in a construction company’s suit against its former lawyers, finding that the offer was not covered by without penalty privilege.

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Mercer Financial hit with $12M penalty for fees-for-no-service conduct
Financial Services 2023-11-23 3:13 pm By Sam Matthews

A judge has ordered wealth manager Mercer Financial Advice to pay a $12 million penalty for “extremely serious” fees-for-no-service conduct and breaches of its fee disclosure obligations, in a case brought by the Australian Securities and Investments Commission. In the case, filed in June last year,  ASIC alleged that Mercer charged 761 customers a total…

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‘Pandemic has passed’: FWC finds employees can be forced back to office
Employment 2023-11-21 4:21 pm By Cat Fredenburgh

The Fair Work Commission has found that a salary packaging provider had “reasonable business grounds” to force workers back to the office, rejecting an employee’s bid to work full-time from home. 

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‘Harry is not Barry’: McDonald’s loses trade mark case against Hungry Jack’s
Intellectual Property 2023-11-16 9:50 am By Cat Fredenburgh

A judge has rejected McDonald’s claim that Hungry Jack’s Big Jack burger infringed its Big Mac trade mark, but found that Hungry Jack’s misled consumers by boasting that its burger had 25 per cent more beef.

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Qantas found guilty of COVID-19 workplace safety breach
Employment 2023-11-16 11:23 am By Cat Fredenburgh

Qantas has been found guilty of a safety violation for standing down a worker who raised concerns about unsafe work conditions during the early days of the coronavirus pandemic.

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Judge doubts power to order irrelevant docs be produced in aged care class actions
Class Actions 2023-11-13 10:57 pm By Cat Fredenburgh

A judge has upheld a ruling that rejected a bid by two class actions against Victorian aged care providers for insurance and financial information, finding the court likely does not have the power to order the production of documents that are not relevant to the proceeding.

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Grocon’s system for identifying privileged docs ‘far from reliable’: judge
Construction 2023-11-13 8:03 am By Sam Matthews

Grocon has taken another hit in its $270 million lawsuit against Infrastructure NSW over a stalled $2 billion Central Barangaroo development project, with a judge rejecting its claim of privilege over more than 15,000 documents.

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