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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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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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Paralympian’s defamation case over Facebook ‘cheat’ comment fails serious harm test
Defamation 2023-10-10 12:46 pm By Sam Matthews

A judge has dismissed a Paralympian cyclist’s defamation suit over a Facebook comment by a former girlfriend, finding he suffered no serious harm from the comment, which accused him of lying about his disability.

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Fairfax loses strike-out bid in defamation suit over Facebook comments
Defamation 2023-10-05 11:34 pm By Cat Fredenburgh

A judge has denied Fairfax’s bid to strike out allegations by a Western Australian businessman that it was the publisher of allegedly defamatory comments that appeared on one of its Facebook pages.

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Consolidated Downer EDI class action carries the day
Class Actions 2023-10-02 3:18 pm By Sam Matthews

Two law firms that were able to “work cooperatively” to join their cases have been awarded carriage of a shareholder class action against mining firm Downer EDI. The judge overseeing the proceedings also approved a group costs order application that proposed a “reasonable rate” of return to the firms.

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Crypto class action against Meta, Google halted due to conflicts
Cryptocurrency 2023-10-02 5:27 pm By Sam Matthews

A judge has permanently stayed a class action accusing Meta and Google of breaching competition law by banning cryptocurrency ads, finding there was a potential for conflicts between the self-represented applicant, who is also funding the case, and group members.

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Opal Tower engineer wins class action costs from Icon insurers
Class Actions 2023-10-02 1:46 pm By Sam Matthews

Opal Tower engineer WSP has succeeded in claiming the costs of a class action from insurers for builder Icon, with a judge finding engineers were not excluded from the policy’s coverage for subcontractors.

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Seven, Kerry Stokes’ privacy should be ‘respected’ in Ben Roberts-Smith case, says judge
Defamation 2023-09-28 3:04 pm By Cindy Cameronne

In allowing Seven and chairman Kerry Stokes to challenge a ruling granting Fairfax access to 8,600 emails with accused war criminal Ben Roberts-Smith’s legal team, a judge has said they will suffer prejudice if “personally embarrassing” communications are put into evidence. 

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Traditional custodian prevails in challenge to Woodside’s Scarborough gas project
Environment 2023-09-28 11:23 am By Sam Matthews

A traditional custodian has won her bid to halt seismic blasting for Woodside’s Scarborough gas project off the coast of Western Australia, in a legal challenge similar to one that put Santos’ $4.7 billion Barossa project on ice.

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A judge’s guide to winning the class action settlement administration gig
Class Actions 2023-09-26 11:30 pm By Cindy Cameronne

A former top judge appointed to decide the first-ever contest to administer a class action settlement has set out his criteria for making the choice, and has warned that giving the firm running a case a monopoly right to dole out the proceeds could lead to higher costs for group members and poorer settlement outcomes.

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