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ABC journalist named in Heston Russell defamation case questioned on credibility of key source
Defamation 2023-08-01 10:28 pm By Cindy Cameronne

A judge has questioned an ABC journalist who is the target of a defamation case by ex-commando Heston Russell if he should have treated a key source who another source called a “showpony” more cautiously while reporting on alleged war crimes in Afghanistan. 

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Seven, Kerry Stokes must hand over emails exchanged with Ben Roberts-Smith’s lawyers
Defamation 2023-07-31 11:39 pm By Cindy Cameronne

Fairfax can see 8,600 emails that passed between Seven’s commercial director and Ben Roberts-Smith’s legal team as it seeks significant defence costs in the accused war criminal’s unsuccessful defamation case, a judge has ruled. 

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Public interest defence not defined by truth, ABC tells court in Heston Russell defamation case
Defamation 2023-07-31 9:26 pm By Cindy Cameronne

The Australian Broadcasting Corporation has defended its reporting of alleged war crimes in a defamation case by ex-commando Heston Russell, saying the debate over whether its stories were in the public interest “rises well above truth”. 

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Super trustee Diversa can’t dodge blame for banned financial adviser, court told
Trials 2023-07-31 10:02 pm By Sam Matthews

The Australian Securities and Investments Commission has told a trial judge that superannuation trustee Diversa can’t hide behind outsourcing arrangements to explain its alleged failures to oversee a now-banned financial adviser accused of luring vulnerable customers into signing up to Diversa accounts.

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ABC source for Heston Russell articles told reporter his memory was ‘hazy’, court hears
Sue Chrysanthou 2023-07-28 10:06 pm By Cindy Cameronne

A source for ABC articles over alleged war crimes that are at the centre of a defamation case by ex-commando Heston Russell told reporters his memory of the events was “hazy”, a court heard Friday.

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Phoenix hit with record $438M penalty for unconscionable enrollment practices
Competition & Consumer Protection 2023-07-28 10:13 pm By Cat Fredenburgh

Collapsed vocational education provider Phoenix Institute and its marketing arm have been hit with a record $438 million penalty after a judge found they acted unconscionably and with “callous indifference” by enticing vulnerable consumers to enrol in unsuitable courses with promises of free laptops.

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Arrium class action’s potential loss of contingency fee irrelevant to transfer fight, KPMG says
Class Actions 2023-07-27 5:06 pm By Christine Caulfield

The possibility that a NSW judge will revoke a contingency fee order made in a class action over Arrium’s collapse is irrelevant to whether the proceedings should be transferred from Victoria to the appropriate forum, Arrium’s auditor KPMG has told a court.

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Viterra goes to High Court in epic fight with Cargill over Joe White sale
High Court 2023-07-27 11:27 pm By Christine Caulfield

Glencore-owned Viterra has taken its 10-year fight with Cargill to the High Court after an appeals court upheld a judgment putting it on the hook for almost $300 million in damages for misleading representations in the sale of malt producer Joe White in 2013.

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Select AFSL exec appeals ruling he ‘turned a blind eye’ to unconscionable sales tactics
Appeals 2023-07-27 11:58 pm By Cat Fredenburgh

The former director of Select AFSL has appealed a judge’s decision to slap him with a $100,000 penalty and a disqualification order after finding he “turned a blind eye” to the life insurer’s unconscionable phone sales tactics.

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Facebook owner Meta fined $20M for misleading data privacy app
Competition & Consumer Protection 2023-07-26 9:48 am By Cindy Cameronne

A judge has ordered Meta to pay a $20 million penalty for misleading consumers by representing that its discontinued Onavo Protect mobile app would keep users’ personal activity data private, when in fact it was being collected for commercial use.

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