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AUSTRAC’s history of agreed penalties could create a moral hazard, judge says
AUSTRAC 2023-07-11 4:02 pm By Sam Matthews

The judge asked to approve a proposed $450 million penalty in AUSTRAC’s case against Crown Resorts has questioned whether the practice of regulators settling enforcement action ahead of trial gave rise to a “moral hazard” problem.

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Judge slams AUSTRAC’s ‘misleading’ $450M penalty deal with Crown
Gaming 2023-07-10 10:02 pm By Sam Matthews

A proposed interest-free payment plan for a $450 million penalty agreed to between Crown Resorts and AUSTRAC has been questioned by a judge, who said it would have “the Commonwealth of Australia act as the Crown’s banker” for two years.

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Missing CCTV footage from night of Brittany Higgins’ alleged rape ‘very concerning’, court told
Defamation 2023-07-07 1:59 pm By Cindy Cameronne

ABC and Network Ten are “very concerned” that Parliament House claims to not have CCTV footage from the night former Liberal staffer Bruce Lehrmann allegedly raped Brittany Higgins, and have flagged an application to question a government officer over the claim.

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Covidien, TFS pelvic mesh class action settles with remaining defendants
Product Liability 2023-07-05 3:59 pm By Christine Caulfield

A class action over pelvic mesh products supplied by device makers Covidien and TFS has reached a global resolution with the manufacturers and their insurers which brings the recovery total in settled mesh class action close to $450 million.

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Santos equated carbon offsets with emissions cuts, court told in landmark greenwashing case
Energy & Natural Resources 2023-06-23 4:04 pm By Cindy Cameronne

A landmark case brought by a shareholder advocacy group accusing Santos of greenwashing will seek to argue the energy company misled the market by presenting its carbon offset programs as plans to reduce emissions.

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Average payout to TFS pelvic mesh class action members kept out of notice
Class Actions 2023-06-23 3:47 pm By Cindy Cameronne

A class action on behalf of women injured by alleged defective pelvic mesh will not advise group members the estimated average return from the proceeds of a settlement against defunct device manufacturer TFS’ insurer because it would be “cruel”.

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Developer says Full Court ‘plainly wrong’ in tossing ACCC’s case against NSW Ports
Competition & Consumer Protection 2023-06-22 11:02 pm By Cindy Cameronne

A New South Wales developer will mount a challenge to a Full Court decision that tossed the ACCC’s competition case against NSW Ports over an agreement to privatise two ports, arguing the majority ruling was “plainly wrong”.

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Trial questions won’t be revised to give Monsanto ‘layer of insurance’ in class action
Product Liability 2023-06-22 11:47 am By Sam Matthews

The judge overseeing a class action against Monsanto over its weed killer has rejected the agrochemical giant’s application to amend the common questions to be decided at a liability trial to account for its alternative defence.

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Facing ‘staggeringly large’ security costs, class action queries separate lawyers for Blue Sky execs
Class Actions 2023-06-21 11:07 pm By Sam Matthews

The applicant in a class action against Blue Sky Alternative Investments and auditor EY has raised an “often overlooked” principle to challenge the separate legal representation of two of the company’s directors, dodging applications for almost $15 million in security – for now.

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$22M PFAS class action settlement wins court OK
Class Actions 2023-06-19 4:05 pm By Cindy Cameronne

A judge has approved a $22 million settlement in a class action on behalf of a First Nations community that alleges their land was contaminated by toxic firefighting foam at a military base in Jervis Bay, citing the “very real” risks the case would face at trial. 

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