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High Court to hear challenge to ruling over ‘defamatory’ Facebook comments
High Court 2020-12-08 10:57 pm By Cat Fredenburgh

Three media companies have been granted special leave by the High Court to challenge a finding that they could be held liable for allegedly defamatory remarks left under news articles they posted on Facebook.

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Disaster payments can’t limit damages in Queensland floods class action, judge says
Class Actions 2020-12-08 5:42 pm By Spencer Fowler Steen

A judge has ruled that disaster payments cannot be taken into consideration in assessing damages in a long-running class action over the 2011 Queensland floods that destroyed 2,000 homes and claimed 12 lives.

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Ex-Norton Rose Fulbright partner says $160,000 damages ‘manifestly inadequate’
Appeals 2020-12-08 4:50 pm By Christine Caulfield

A sacked Norton Rose Fulbright partner is challenging a $160,000 award handed down by a judge who found the law firm intentionally deceived him in litigation over his dismissal, arguing the sum is “manifestly inadequate”.

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Banks plead not guilty as ANZ cartel case heads to trial in Federal Court
Competition & Consumer Protection 2020-12-08 3:50 pm By Miklos Bolza

Three banks have been committed to stand trial after pleading not guilty to criminal charges stemming from an alleged cartel agreement reached in a $2.5 billion ANZ share placement, with the closely watched case now moving to the Federal Court two-and-a-half years after it was filed.

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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
Competition & Consumer Protection 2020-12-08 1:34 pm By Christine Caulfield

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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Apple to seek stay of Epic Games competition lawsuit
Competition & Consumer Protection 2020-12-08 11:16 am By Cat Fredenburgh

Apple wants to stay a competition lawsuit brought by video game developer Epic Games in Australia, claiming a clause in its developer contract requires any dispute between them to be heard in a California court.

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Elaine Stead is ‘cretinously stupid’, AFR columnist tells court
Defamation 2020-12-07 10:08 pm By Miklos Bolza

The columnist behind two allegedly defamatory Australian Financial Review articles has told the court that he believed former Blue Sky managing director Dr Elaine Stead was “cretinously stupid” because of her “astonishingly ridiculous” behavior on social media at the time of the company’s collapse.

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ASIC wins winding up orders against accused Ponzi schemer Chris Marco
Financial Services 2020-12-07 9:26 pm By Christine Caulfield

A judge has ordered the winding up of a managed investment scheme operated by Perth businessman Chris Marco and his company AMS Holdings after investors allegedly lost more than $200 million.

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High Court asked to deal death blow to common fund orders
High Court 2020-12-07 4:57 pm By Cat Fredenburgh

Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.

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PwC’s client urged to get separate lawyers in tax office stoush over legal privilege
Tax 2020-12-07 4:39 pm By Christine Caulfield

A court battle between the Australian Taxation Office and PricewaterhouseCoopers over the scope of legal professional privilege claimed by one of its major clients, meat processing giant JBS Australia, has hit a preliminary snag over the consulting giant’s representation of JBS, with a judge warning he might compel the company and its subsidiaries to engage independent lawyers.

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