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Trial in Ben Roberts-Smith’s defamation case delayed to 2022
Defamation 2021-10-15 9:28 pm By Cindy Cameronne

A judge has adjourned trial in the defamation case by accused war criminal Ben Roberts-Smith to early 2022, saying relocation was not practical after COVID-19 restrictions prevented Fairfax’s witnesses travelling to Sydney.

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Murray Darling Basin Authority fails again to limit class action liability
Appeals 2021-10-12 12:45 pm By Miklos Bolza

The Murray Darling Basin Authority can’t rely on defences claiming it is a “public or other authority” to limit the liability of a class action brought over alleged negligent water management, an appeals court has found.

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‘Madness’ if Sandoz entitled to generic Lexapro licence, High Court told
Intellectual Property 2021-10-12 7:20 pm By Cindy Cameronne

Danish drug maker Lundbeck has told the High Court it did not contract away a royalty-free licence to generic drug maker Sandoz to sell blockbuster antidepressant Lexapro, saying such a decision would be commercial “madness”.

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ACCC officers face pre-trial grilling in ANZ cartel case as judge questions need for committal
Competition & Consumer Protection 2021-10-12 11:24 pm By Christine Caulfield

Five enforcement officers of the Australian Competition and Consumer Commission will be cross-examined by lawyers for banks facing price fixing charges over their conduct following ANZ’s $2.5 billion capital raising six years ago.

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NAB faces re-trial in adverse action case by worker who committed data breach
Employment 2021-10-12 4:05 pm By Miklos Bolza

A former financial planner found to have engaged in a data breach at National Australia Bank will have her adverse action lawsuit against the bank partially reheard after an appeals court found the judge who tossed the case failed to properly consider why she was fired.

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High Court asked to weigh in on Queensland floods class action
Class Actions 2021-10-07 11:25 pm By Cat Fredenburgh

The applicants in the Queensland floods class action have asked the High Court to overturn a judgment which found dam operator Seqwater was not liable because it was functioning as a public authority when operating two dams during the 2011 floods, arguing the case raises important issues about appeals in ‘mega’ litigation.

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Ex-Dick Smith CFO to appeal $43M victory for NAB
Restructuring & Insolvency 2021-10-07 6:25 pm By Miklos Bolza

Dick Smith’s former CFO will appeal a $43 million judgment in favour of National Australia Bank over his role in the retailer’s collapse.

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High Court frowns on judge’s private chats with counsel
Legal Ethics 2021-10-06 4:51 pm By Bianca Hrovat

Trial judges should not communicate with barristers outside of court, the High Court has ruled in a “troubling” case of apprehended bias that saw a divorcee’s counsel socialising with the judge presiding over her long-running and “tortured” Family Law case.

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‘Horribly offensive’: Peter Dutton tells court of hurt at rape apologist tweet
Trials 2021-10-06 3:37 pm By Cindy Cameronne

Defence minister Peter Dutton has given evidence of his “hurt” at trial in a defamation case over a tweet accusing him of being a rape apologist, while the judge presiding over the hearing has warned lawyers for the tweeter to act as solicitors not “supporters”.

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Carnival keeps up fight to exclude foreign passengers from class action
Competition & Consumer Protection 2021-10-06 5:44 pm By Christine Caulfield

Carnival has launched a challenge to last month’s court finding that overseas passengers could remain group members in a class action over the 2020 Ruby Princess COVID-19 outbreak.

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