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Ex-commando slams ABC’s ‘nonsensical’ argument against damages in defamation case
Defamation 2023-05-16 1:20 pm By Cindy Cameronne

Former Army major Heston Russell has panned the ABC’s argument that it is not liable to pay damages in his defamation case because he identified himself and was given an opportunity to respond to stories that suggested he was involved in murdering an Afghan prisoner.

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Are the courts really plagued by duplicative class actions?
Analysis 2023-05-15 12:39 pm By Christine Caulfield

A fed-up judge has vented his frustration with the problem of competing class actions in a move that appears to punish the second filed case against Medibank. But is he right that the courts are increasingly being asked to deal with duplicative proceedings? And was his order really all that drastic?

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PFAS class action settles for $132.7M on eve of trial
Catherine Gleeson 2023-05-15 10:44 am By Cindy Cameronne

One of the two remaining class actions against the Department of Defence over the use of alleged toxic firefighting foam at military bases across the country has settled for $132.7 million on the eve of trial, with the final case going back to mediation.

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More law firms ready class actions over Downer’s $40M earnings overstatement
Class Actions 2023-05-15 3:49 pm By Christine Caulfield

More class action law firms have pounced on Downer EDI’s “accounting irregularities” that led to the company overstating profits by up to $40 million.

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Directed Electronics wins $3.27M in Hanhwa trade secrets case, with damages still to come
Intellectual Property 2023-05-15 2:09 pm By Sam Matthews

Automotive electronics company Directed Electronics is set to claw back $3.27 million in commission payments made to a former manager through a secret side agreement with South Korean giant Hanhwa, with a ruling on damages still to come in the five-year case.

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‘Plagued with competing class actions’: Judge stays latecomer Medibank case for now
Class Actions 2023-05-12 1:26 pm By Sam Matthews

A judge aggrieved by the “plague” of competing class actions in the courts has temporarily stayed a second data breach class action against Medibank, and directed the health insurer to ask the privacy commissioner to drop the investigation of a third case.

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‘Not fit for purpose’: Court’s remarks on serious harm test show flaws in defamation law
Analysis 2023-05-12 4:14 pm By Cindy Cameronne

A recent decision by the Federal Court that questioned whether the introduction of a serious harm test in defamation law could infringe the Judiciary Act has shone a light on the need for a federal defamation framework, legal experts say. 

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Opal Tower class action funder’s appeal of cuts to commission falls flat
Class Actions 2023-05-12 11:13 pm By Cat Fredenburgh

An appeals court has shot down funder Augusta’s challenge to a decision that cut its commission in the Opal Tower class action, putting funders on notice that they will have to marshal compelling evidence to win approval for their returns from an increasingly watchful court.

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Judge asks if he must ‘second guess’ legal advice in Linchpin class action
Class Actions 2023-05-12 3:54 pm By Cindy Cameronne

A judge overseeing an investor class action over the collapse of advisory firm Linchpin Capital has questioned whether he has to “effectively second guess” a law firm’s advice given to group members about a partial settlement. 

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Crown, AUSTRAC reach deal on penalty but court wants guidance on ill-gotten profits
AUSTRAC 2023-05-12 3:25 pm By Sam Matthews

Crown Resorts has reached agreement on a proposed penalty in AUSTRAC’s case alleging “widespread and serious non-compliance” with anti-money laundering and counter terrorism financing laws, but the presiding judge says more information is needed for the court to fix a fine.

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