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Judge finds Ben Roberts-Smith committed war crimes, tosses defamation claims
Defamation 2023-06-01 2:43 pm By Cindy Cameronne

Former SAS corporal Ben Roberts-Smith has lost his defamation case against Nine-owned Fairfax, with a judge finding Thursday it was true that Australia’s most decorated soldier committed civilian murders in Afghanistan.

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Nine’s win in Ben Roberts-Smith defamation case no watershed for publishers
Analysis 2023-06-01 11:17 pm By Christine Caulfield

With truth on its side, Nine’s defeat of soldier Ben Roberts-Smith’s lawsuit was a huge win for investigative journalism in Australia, but while it might make lawyers blink before bringing defamation cases, the victory is not a game-changer, experts say.

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‘Donā€™t expect Iā€™ll put up with crap’: Solicitor loses appeal of discourteousness finding
Business of Law 2023-06-01 4:11 pm By Sam Matthews

The director of a Sydney law firm has lost a bid to challenge a decision of the NSW Legal Services Commissioner, which slapped him with a caution for a failure to act courteously after he told a disgruntled client ā€œdonā€™t expect Iā€™ll put up with crapā€ in a tense email exchange.

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Pauline Hanson’s ‘back to Pakistan’ Tweet not based on Greens leader’s race, court told
Human Rights 2023-06-01 3:20 pm By Christine Caulfield

One Nation senator Pauline Hanson has told a court her social media post calling on Greens deputy leader Dr Mehreen Faruqi to “piss off back to Pakistan” was not based on race or ethnicity.

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Trans woman gets go-ahead to bring late discrimination case against Giggle for Girls
Human Rights 2023-06-01 9:40 am By Sam Matthews

A judge has allowed a discrimination case brought by a transgender woman who was excluded from female social network Giggle for Girls to be brought out of time, finding there was a public interest in determining the ā€œmetes and boundsā€ of Gillard-era amendments to the Sex Discrimination Act.

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Former top judge lands post-retirement gig as referee in fight over J&J pelvic mesh settlement
Class Actions 2023-05-31 4:01 pm By Christine Caulfield

The Federal Court’s recently retired top judge has landed on his feet with his appointment by the court as referee to determine which of a group of competing firms should dole out a $300 million settlement that resolved the J&J pelvic mesh class actions.

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TPG-backed company seeks quick win in case over alleged scam tied to $1B climate deal
Energy & Natural Resources 2023-05-31 10:14 pm By Gareth Baker

A company backed by private equity giant TPG which was allegedly fooled into paying part of a $1 billion deal to the wrong company wants default judgment in a case against the accused scammer, but a judge has raised doubts about attempts to serve the lawsuit.

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Virgin class action wants DOCA indemnity clause amended to reflect ‘what creditors were told’
Restructuring & Insolvency 2023-05-31 4:39 pm By Sam Matthews

A class action of bond holders accusing Virgin Australia of failing to disclose its true financial position in a 2019 prospectus for a capital raising wants a contentious indemnity clause in the airline’s DOCA narrowed, in proceedings a judge has said ā€œincreasingly resemble a farce”.

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Racing NSW wins doc bid as it mulls competition case against interstate counterparts
Competition & Consumer Protection 2023-05-31 5:22 pm By Cindy Cameronne

Racing NSW has won access to documents that concern an alleged plan by its Victorian counterpart to exclude it from the thoroughbred racing industry as part of an alleged anti-competitive agreement with four other states.

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In battle of Spitfire creditors, appeals court provides clarity on R&D refunds
Appeals 2023-05-31 2:22 pm By Cindy Cameronne

A private investment fund has won its claim as a secured creditor over $2 million in research and development tax refunds that a court previously found should go to employees in a fight over funds remaining following the collapse of fintech Spitfire Corporation.Ā 

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