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Nine drops truth defence in defamation case by Euro Pacific Bank chief
Defamation 2023-05-19 3:52 pm By Christine Caulfield

Nine has abandoned its truth defence in a case brought by Euro Pacific CEO Peter Schiff over a 60 Minutes report on an international tax evasion investigation, and the bank boss is entitled to judgment in his favour, a court has heard.

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MLC ordered to pay $10M penalty for ‘serious failure’
Insurance 2023-05-18 1:35 pm By Sam Matthews

A judge has ordered MLC to pay $10 million for its “serious failure” to pay life insurance benefits to customers undergoing rehabilitation, in an ASIC case that also alleged the insurer failed to promptly update medical terms in policies.

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Judge orders discovery of legal advice in spat over $45B Ichthys LNG project
Energy & Natural Resources 2023-05-18 11:49 pm By Sam Matthews

A judge has ordered contractor JKC Australia to hand over legal advice relating to a settlement deed it entered with Japanese oil company Inpex in 2021, as it seeks to hold Dutch paint company AkzoNobel NV responsible for its “significant” potential liability under the settlement.

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ANZ to cop penalty in ASIC case over cash advance fees
Financial Services 2023-05-18 4:14 pm By Christine Caulfield

ANZ will no longer contest liability at trial in a case by the regulator over more than $10 million in cash advance fees charged to the credit card accounts of hundreds of thousands of customers.

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Linchpin class action concerned about ‘authenticity’ of evidence for trial
Restructuring & Insolvency 2023-05-17 1:33 pm By Cindy Cameronne

The applicant in an investor class action over the collapse of advisory firm Linchpin Capital and Endeavour Securities has raised concerns about the authenticity of Linchpin’s business records, which it wants to put into evidence at trial in two months.

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‘Not motivated by access to justice’: Funder hit with indemnity costs in copyright case
Intellectual Property 2023-05-17 3:08 pm By Cindy Cameronne

A judge has ordered a litigation funder that bankrolled a photographer’s unsuccessful copyright claim against CoreLogic to pay indemnity costs to the property data analytics company, saying the funder was not “motivated by any concerns for access to justice”.

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Tech exec subjected to DXC’s ‘unreasonable’ 7-year restraint clause wins appeal
Technology 2023-05-16 10:28 pm By Sam Matthews

An appeals court has found a seven-year non-competition clause in US tech giant DXC Eclipse’s agreement with the former director of Melbourne software firm Sable37, which it acquired in 2018, was unreasonable.

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‘Silly case’ between class action applicant, funder settles
Class Actions 2023-05-16 4:24 pm By Christine Caulfield

A clash between a class action applicant and a litigation funder over $1.2 million in claimed expenses has settled, after a judge ordered the sides to personally attend mediation.

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With no funder, Colonial class action members better off by up to $12M, court finds
Class Actions 2023-05-16 4:53 pm By Christine Caulfield

Customers of wealth manager Colonial First State were $10 million to $12 million better off without a litigation funder in a class action over the slow transfer of accounts to low cost MySuper funds, a judge has found.

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UFG to pay $5M for misleading gym franchisees about ‘near valueless’ businesses
Franchises 2023-05-16 4:24 pm By Cindy Cameronne

The company behind the Ultimate Fighting Championship gym franchise has been ordered to pay $5 million to three franchisees after a judge found it misled them about businesses which were “near valueless” and unlikely to make profit. 

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