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AFP can’t get first impression trial in childcare operators’ defamation case
Defamation 2023-07-05 5:25 pm By Gareth Baker

A judge has knocked back a bid by the Australian Federal Police to have an upcoming trial over an allegedly defamatory press conference run on a stripped-back ‘first impression’ basis.

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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Construction 2023-07-04 4:19 pm By Sam Matthews

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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Financial stakes high in Atanaskovic Hartnell’s challenge to ‘campaign of denigration’ ruling
Employment 2023-07-04 3:10 pm By Gareth Baker

An appeal by Atanaskovic Hartnell over a $330,000 damages judgment in favor of a former general manager is motivated in part by the court’s award of costs in what is a typical ‘no-cost’ employment case, the firm has told a judge, who questioned how much money had been spent on the case already.

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Ralan liquidators win OK to pursue sales agent, ATO in $18M litigation
Restructuring & Insolvency 2023-07-04 5:03 pm By Sam Matthews

The liquidators of construction giant Ralan have been given the go-ahead to pursue a former sales manager and his wife as well as the ATO with claims worth over $18 million, with a judge finding the collapsed company operated “a type of Ponzi scheme”.

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GetSwift boss still can’t be found, court hears in lawsuit brought by co-founder
Securities 2023-07-04 2:23 am By Sam Matthews

GetSwift director Joel Macdonald still has not been served almost a year after his former Melbourne Demons teammate James Strauss filed a $15 million lawsuit against him, with a judge adjourning yet another substituted service application.

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Lundbeck’s decade-long damages bid against Sandoz stayed despite High Court win
Intellectual Property 2023-07-04 11:39 pm By Cindy Cameronne

Novartis unit Sandoz has won its bid to stay a case by rival Lundbeck, including orders for damages previously calculated at $26.3 million and counting, despite having succeeded at the High Court in a dispute over its patent for blockbuster antidepressant Lexapro.

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Life insurer Select AFSL, director hit with $13M penalty for unconscionable sales tactics
Insurance 2023-07-04 2:48 pm By Cindy Cameronne

Select AFSL, its related entities and its director have been slapped with $13.6 million in penalties after a judge found that the life insurer used unconscionable phone sales tactics to “wear down” often vulnerable consumers, including migrants and Indigenous communities.

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Time to end this ‘sorry business’: Court tosses objection to EY settlement
Professional Negligence 2023-07-03 4:08 pm By Cindy Cameronne

A court has blessed a trust’s settlement with Ernst & Young that resolves a negligence case linked to a decade-long tax dispute that went to the High Court, rejecting an objection to the deal and saying it was “time this matter was brought to a conclusion”.

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Judge wants answers after Bellamy’s skips mediation in ex-CEO’s case
Employment 2023-07-03 3:38 pm By Christine Caulfield

Baby food maker Bellamy’s better have a good explanation for ditching settlement talks in a $400,000 sex discrimination lawsuit by former boss Tarsi Luo, a judge has warned.

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Deep sleep defamation case against HarperCollins finally put to rest
Defamation 2023-07-03 9:55 am By Cindy Cameronne

A psychiatrist has reached a confidential settlement with Harper Collins in his defamation case over a book about the controversial deep sleep therapy at the Chelmsford Private Hospital in the 1970s.

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