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Gatto denied jury trial in defamation case against ABC
Defamation 2020-07-16 9:11 pm By Alison Eveleigh

Underworld figure Mick Gatto has been denied a trial by jury in his defamation proceedings against the ABC, with the judge-only hearing scheduled to start next week.

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Mining giant beats back challenge to lost profits claim in dispute over $2.5B WA iron ore mine
Appeals 2020-07-16 5:27 pm By Christine Caulfield

A subsidiary of US mining giant Cleveland-Cliffs has fought back a second bid to quash its counterclaim for lost profits in a contractual dispute over the lucrative Koolyanobbing iron ore mine, with the Western Australia Court of Appeal saying the claim was not “clearly untenable” as argued.

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Medibank ordered to pay $5M for misleading members over coverage for critical surgery
Competition & Consumer Protection 2020-07-16 1:20 pm By Christine Caulfield

A judge has ordered private health insurer Medibank to pay $5 million in penalties for rejecting the claims of hundreds of members who were entitled to coverage for critical medical procedures, including spinal surgery.

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Elaine Stead says in-person mediation ‘waste of time’ in Nine defamation case
Defamation 2020-07-16 12:24 pm By Miklos Bolza

Venture capitalist Elaine Stead has refused to go into a second round of mediation in her defamation case against the Nine-owned Fairfax Media Publications saying it would be a “waste of time”.

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‘Horrendous class action journey’: BoQ case should be focus of inquiry, group members say
Class Actions 2020-07-15 11:23 pm By Miklos Bolza

Elderly victims of Ponzi schemer Bradley Sherwin have told the government’s class action inquiry of their “horrendous class action journey”, which led to a “pathetic outcome” in which the majority of a $12 million settlement with the Bank of Queensland went to the law firm and funder behind the case.

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Westpac defends AUSTRAC disclosures in shareholder class action
Class Actions 2020-07-15 7:02 pm By Miklos Bolza

Westpac has denied claims in a shareholder class action filed in the wake of AUSTRAC proceedings alleging 23 million breaches of anti-money laundering and counter-terrorism finance laws, saying the information the class action says it should have disclosed to shareholders “did not exist”.

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COVID-19 has led to 30 per cent spike in FWC cases, president says
Employment 2020-07-15 6:53 pm By Miklos Bolza

An increase in the number of unfair dismissal cases and the addition of JobKeeper disputes has seen the general caseload of the Fair Work Commission jump by 30 per cent as a result of the COVID-19 pandemic, FWC President Justice Iain Ross AO told Lawyerly.

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P&G says stores will stop stocking its whitening toothpaste if Colgate case isn’t fast tracked
Competition & Consumer Protection 2020-07-15 6:30 pm By Alison Eveleigh

Personal care giant Procter & Gamble has told a court that some of its Oral B teeth whitening products may be taken off retailerā€™s shelves if its lawsuit, which alleges competitor Colgate-Palmolive made misleading claims that its whitening toothpaste can remove 10 years of stains, is not expedited.

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Hytera loses latest bid to vacate Motorola trial over worries about witnesses catching coronavirus
Intellectual Property 2020-07-14 7:55 pm By Miklos Bolza

Hytera Communications has lost its latest attempt to adjourn an upcoming virtual trial in a copyright case brought by rival Motorola, despite concerns by the Chinese radio manufacturer that witnesses could be exposed to the coronavirus if forced to travel to give evidence.

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ā€˜Abysmal arroganceā€™: Lawyer hit with $300,000 damages bill after neighbourhood dispute
Defamation 2020-07-14 7:45 pm By Alison Eveleigh

A judge has slammed a lawyer for her “abysmal arrogance and sense of privilege”, ordering her to pay $300,000 to her Balmain neighbour after a long-running property dispute culminated in a defamatory interview that was broadcast to over one million TV viewers on A Current Affair.

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