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Class action firm’s potential profit from Arrium case not relevant to security sum: judge
Class Actions 2023-03-10 3:10 pm By Sam Matthews

A judge overseeing a security dispute in a shareholder class action against KPMG and former directors of Arrium has found that potential profits to the plaintiff law firm running the case under a group costs order is not relevant to determining the quantum of security for costs.

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7-Eleven loses appeal of $595,000 judgment for misleading franchisee
Franchises 2023-03-10 2:48 pm By Cindy Cameronne

Convenience store giant 7-Eleven has lost its appeal of a $595,000 judgment handed down after a court found a franchisee signed a franchise agreement and invested almost $796,000 into a Melbourne store under false pretences.

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Law firm gets $50,000 bump in costs after breach finding in Romeo’s class actions
Class Actions 2023-03-09 5:15 pm By Sam Matthews

The fees of a class action firm found to have breached cost disclosure rules in running two underpayments class actions against supermarket chain Romeo’s have been adjusted up, after $260,000 was initially cut from the bill by the Federal Court.

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Bayer can take another crack at ‘scientific knowledge’ defence in Essure class action
Class Actions 2023-03-09 5:05 pm By Sam Matthews

A class action against Bayer over its Essure contraceptive has lost a bid to knock out the pharmaceutical giant’s defence that argues any defects in the device could not have been discovered given the state of scientific knowledge at the time the implants were sold in Australia.

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Test case launched against NAB over ‘excessive’ work hours
Employment 2023-03-08 2:17 pm By Cat Fredenburgh

The Finance Sector Union has launched a test case against National Australia Bank on behalf of four managers who were allegedly required to work “unreasonable” unpaid hours for years and has warned it will go after the other big banks next.

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Ex-Nuix CEO appeals loss in $180M case over options agreement
Appeals 2023-03-08 3:07 pm By Cat Fredenburgh

Former Nuix CEO Edward Sheehy is challenging his loss in a lawsuit claiming he’s owed $183 million in options under a 2008 agreement with the technology company.

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High Court revokes special leave in Facebook’s challenge to data breach case
Privacy & Cybersecurity 2023-03-07 11:33 pm By Christine Caulfield

The High Court has revoked special leave to Facebook to challenge a case by the privacy commissioner, finding that the social media giant’s grounds of appeal no longer involved issues of public importance.

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7-Eleven class action funder to appeal denial of CFO
Class Actions 2023-03-06 4:52 pm By Sam Matthews

A judge has approved a $12 million payment to the funder of two franchisee class actions against 7-Eleven, even as the funder plans to appeal a decision rejecting its bid for a common fund order for a $24.5 million commission.

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Full Court orders rehearing in Erin Molan defamation case
Defamation 2023-03-06 6:30 pm By Sam Matthews

The Full Federal Court has set aside a $150,000 defamation judgment for sports presenter Erin Molan and remitted the matter for a new trial, after finding a judge failed to properly consider publisher the Daily Mail’s defence of contextual truth.

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PNG minister’s defamation award cut after ‘regrettable’ error by judge
Defamation 2023-03-06 5:52 pm By Sam Matthews

A judge has shaved $80,000 off the damages recently awarded to a Papua New Guinea politician who sued Fairfax Media over a series of articles published in the Australian Financial Review, after finding she wrongly discounted a mitigation defence by the publisher.

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