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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 ā€œrises well above truthā€.Ā 

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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 canā€™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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EY points finger at Blue Sky in shareholder class action defence
Class Actions 2023-07-31 10:32 pm By Cat Fredenburgh

Auditor Ernst & Young has filed cross-claims against Blue Sky in a shareholder class action accusing the collapsed investment firm of misleading shareholders by misstating its assets under management.

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National Tiles boss Frank Walker can shield legal docs in fraud case by ousted director
Corporate 2023-07-31 11:41 pm By Christine Caulfield

A judge has sided with National Tiles founder Frank Walker over the privilege status of advice from his lawyers in a case by a former director alleging Walker falsified minutes of a crucial company board meeting, saying the evidence on its face did not suggest the minutes had been fabricated.

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Investment manager charged with forging portfolio report
Financial Services 2023-07-31 10:46 pm By Cat Fredenburgh

An investment manager has been arrested and charged with providing prospective investors with forged portfolio reports.

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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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James Hardie facing shareholder class action over net income downgrade
Construction 2023-07-28 11:53 pm By Christine Caulfield

Building materials giant James Hardie Industries is facing a class action alleging it breached its disclosure obligations over its adjusted net income forecasts for the 2023 financial year.

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Ex-Cushman & Wakefield director appeals ban on office leasing role with rival
Real Estate 2023-07-28 11:30 pm By Christine Caulfield

A former Cushman & Wakefield director is appealing a ruling released Friday that upheld a non-compete restraint in her employment contract with the real estate services giant.

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Monster Energy’s security for costs bid ‘manifestly excessive’, judge says
Intellectual Property 2023-07-28 2:40 pm By Christine Caulfield

The security sum sought by Monster Energy from an inventor suing the beverage giant for patent infringement was “manifestly excessive”, a judge has said, and was based on an estimate of costs that included the fees of three solicitors and two barristers at an interlocutory hearing.

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