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Truth shouldn’t ‘straitjacket’ public interest defence, says judge in Heston Russell case
Defamation 2023-08-29 10:16 pm By Cindy Cameronne

A judge hearing closing submissions in Heston Russell’s defamation case against the ABC has expressed “significant reservations” about evidence by the former commando and said that a “less than complete” story could still be protected under the new public interest defence.

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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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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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Jury finds for AFP in childcare operators’ defamation case over press conference
Trials 2023-07-19 4:37 pm By Christine Caulfield

The operators of a childcare business have failed to persuade a jury that a press conference by the Australian Federal Police about an alleged multimillion dollar government benefit fraud was defamatory.

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Mining magnate Gina Rinehart can’t fight use of arbitration docs as trial in family feud begins
Trials 2023-07-10 3:44 pm By Gareth Baker

Hancock Prospecting can’t challenge an order that documents produced in arbitration are fair game, as the mining company’s chief, Gina Rinehart, battles her children in a trial over ownership of a valuable tenement set to start Monday.

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Bruck Textile bigwigs to stand trial on charges over unpaid redundancies
Restructuring & Insolvency 2023-06-30 1:25 pm By Gareth Baker

Executives of collapsed Bruck Textile Technologies have been committed to stand trial on charges alleging they schemed their way out of making more than $3 million in redundancy payments to their 58 employees. 

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Coles, Woolworths ‘can’t hide behind’ poor records, court told as underpayments trial kicks off
Trials 2023-06-05 5:56 pm By Cindy Cameronne

On the first day of trial in parallel class actions and regulatory proceedings, the Fair Work Ombudsman panned the payment systems adopted by Woolworths and Coles for salaried managers, saying they were “entirely foreign” to the industrial award and that the supermarket giants had “no meaningful proper records” for overtime. 

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Insignia broke promise to hire PwC to review model portfolio: trial
Trials 2023-06-05 11:31 pm By Sam Matthews

Despite assurances, wealth manager Insignia Financial did not engage PricewaterhouseCoopers to review the performance of its ‘Buy Model” investment portfolio after an equities analyst complained it had been overstated, a court overseeing a shareholder class action trial has been told.

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