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Judge urged to shut down ‘pseudo’ class action over climate change disclosures
Environment 2021-07-28 10:13 pm By Cindy Cameronne

A green activist who filed a group proceeding alleging the government failed to disclose the impacts of climate change to investors in sovereign bonds does not have a common interest with group members and should have her lawsuit declassed, a court has heard.

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Nine witness accused of lying for compensation in Ben Roberts-Smith defamation trial
Defamation 2021-07-28 2:05 pm By Miklos Bolza

A witness for two Nine-owned newspapers sued by Ben Roberts-Smith has been accused of fabricating a story that the war veteran kicked his step-uncle off a cliff before ordering him to be shot to gain compensation from the Afghanistan Independent Human Rights Commission.

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ACCC appeals ruling throwing out ‘fanciful’ NSW Ports competition case
Competition & Consumer Protection 2021-07-27 7:05 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has appealed a judge’s decision throwing out its competition case over an agreement for the privatisation of two NSW ports, calling the case “a matter of significance for the Australian economy”.

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Radio device planted on murdered Afghan villager, Ben Roberts-Smith trial told
Trials 2021-07-26 2:54 pm By Cindy Cameronne

A communications device was planted on an unarmed Afghan villager who was allegedly murdered by former SAS soldier Ben Roberts-Smith, a court overseeing the accused war criminal’s defamation trial has heard.

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Canberra eyed as possible new venue for Ben Roberts-Smith’s defamation trial
Trials 2021-07-23 10:53 pm By Cindy Cameronne

Canberra has been floated as a potential new venue for the trial in former SAS soldier Ben Roberts-Smith’s defamation case as Sydney’s COVID-19 outbreak worsens, but a judge has said moving the hearing created “real difficulties”.

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Court throws out James Ashby’s lawsuit over $4.5M legal bill
Employment 2021-07-23 6:37 pm By Cindy Cameronne

A judge has tossed One Nation chief-of-staff James Ashby’s lawsuit alleging the federal government breached the Fair Work Act by refusing to foot the bill for nearly $4.5 million in legal costs stemming from a dropped sexual harassment case against former House speaker Peter Slipper.

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Class action firm wants to intervene in FWO’s ‘entirely misconceived’ case against Woolworths
Employment 2021-07-22 3:46 pm By Cindy Cameronne

Employment class action law firm Adero Law is seeking to intervene in the Fair Work Ombudsman’s action against Woolworths, saying the “misconceived” proceedings have disrupted mediation in a class action against the supermarket chain for which 3,000 employees have registered.

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Judge lashes ACCC’s Port of Newcastle case as ‘far-fetched and fanciful’
Competition & Consumer Protection 2021-07-20 10:54 pm By Christine Caulfield

The ACCC’s claim that NSW Ports stymied competition when it signed a 50-year agreement with the state to be compensated if the Port of Newcastle built a container terminal was based on “mere speculative hopes”, a judge found in tossing the competition watchdog’s regulatory action.

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Government challenges ‘incoherent’ duty of care in climate change class action appeal
Appeals 2021-07-20 4:44 pm By Miklos Bolza

The Commonwealth says a landmark ruling in a class action that found it has a duty of care to protect Australian children from the effects of global warming is “incoherent” and distorts its ability to balance competing interests.

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Ben Roberts-Smith trial to resume with evidence from four Afghan witnesses
Defamation 2021-07-19 4:07 pm By Cindy Cameronne

Four witnesses who allegedly saw Ben Roberts-Smith kick a handcuffed man off a cliff in Afghanistan will give evidence next week in the war veteran’s defamation trial, which has been disrupted by COVID-19 restrictions in NSW.

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