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Environmental laws ‘ill-suited’ to dealing with threat of climate change, Full Court says
Environment 2024-05-16 11:52 pm By Cindy Cameronne

An appeals court has dismissed an environmental advocacy group’s challenge to the extension of two Mach Energy and Whitehaven Coal mega coal mines in NSW, saying the current environmental laws are “ill-suited” to dealing with the global threat of climate change. 

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Insurers to pay $1M in Axsesstoday class action settlement
Class Actions 2024-05-16 11:26 pm By Cindy Cameronne

Four insurers have agreed to fork over $1 million to settle an investor class action against lender Axsesstoday over an allegedly misleading prospectus for a bond offering, while claims against PricewaterhouseCoopers will move forward.

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Billabong founder loses fight with ATO over $111M Plantic sale
Tax 2024-05-16 11:11 pm By Cindy Cameronne

Billabong founder Gordon Merchant has lost his challenge to a decision by the ATO to increase his tax liability to $31 million, finding that he conducted a “wash sale” of his Billabong shares and engaged in dividend stripping on the sale of bio plastics manufacturer Plantic Technologies. 

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CBA didn’t have to alert investors to ‘toings and froings’ of AUSTRAC probe, judge says
Class Actions 2024-05-15 11:18 pm By Cindy Cameronne

A judge that tossed two shareholder class actions against the Commonwealth Bank of Australia has found the bank did not have to alert investors to the possibility of AUSTRAC proceedings, saying investors did not expect to be apprised of the “toings and froings” of regulatory investigations.

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High Court asked to resolve appellate court split on class closure
High Court 2024-05-15 11:22 pm By Cindy Cameronne

The High Court has been asked to overturn a NSW Court of Appeal decision finding it had no power to exclude unregistered group members from a settlement, which conflicted with Federal Court precedent, hearing the divergence of the important issue “can only be resolved by the High Court”.

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Barrister cops suspension after High Court condemns undisclosed relationship with judge
Legal Ethics 2024-05-15 11:03 pm By Christine Caulfield

A barrister who had a “close personal relationship” with a judge presiding over her case has been suspended and fined $10,000, after the High Court ruled their communications gave rise to the appearance of bias and justified recusal. 

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Activist groups to appeal order to hand up communications with EDO in Barossa gas case
Appeals 2024-05-15 11:43 pm By Andy Sidler

Activist organisations are seeking to challenge orders to hand up communications with the Environmental Defenders Office in its failed case against Santos over the $5.6 billion Barossa gas project, arguing there was no legitimate forensic purpose for the material sought. 

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Optus denies ‘cloaking’ Deloitte report in privilege in data breach class action
Appeals 2024-05-14 10:38 pm By Cindy Cameronne

Optus has denied that it ‘cloaked’ the true dominant purpose of a Deloitte report into a major data breach in 2022, arguing on appeal that the report was privileged and that a class action should not have access to it. 

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ASIC investigating ANZ over role in government bond issuance
Investigation 2024-05-14 11:12 pm By Andy Sidler

The Australian Securities and Investments Commission is investigating ANZ’s dealings in its role as risk manager of 10-year government treasury bonds worth $14 billion. 

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Judge blasts eSafety Commissioner bid for global takedown orders against X
Social Media 2024-05-14 10:56 pm By Sam Matthews

A judge has given a poor prognosis to the eSafety Commissioner’s case seeking to have X Corp remove posts that depict a stabbing of a bishop at a Sydney church,  calling it an alarming and unreasonable attempt to exert control over activities abroad.

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