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Government owes duty of care to protect children from climate change, court rules
Energy & Natural Resources 2021-05-27 11:07 am By Miklos Bolza

The federal Minister for the Environment owes a duty of care to children who could suffer “catastrophic” harms from increased greenhouse gas emissions that would result from approving the expansion of Whitehaven’s Vickery coal mine, a judge has ruled.

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Ben Roberts-Smith wins bid to split his case in upcoming defamation trial
Defamation 2021-05-26 3:01 pm By Cat Fredenburgh

Ben Roberts-Smith has won approval to split his case at the upcoming trial in his defamation case against three publishers over articles accusing him of war crimes, with a judge saying the seriousness of the allegations against him weighed in favour of the unorthodox move.

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In victory for Glencore, High Court won’t weigh in on landmark transfer pricing ruling
Tax 2021-05-26 11:03 am By Cat Fredenburgh

The High Court has denied the ATO’s request that it weigh in on Australia’s transfer pricing regime, leaving in place a Full Court victory for mining giant Glencore that left it paying $2 million of a $92 million bill relating to the sale of copper from a mine in Cobar, NSW.

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Court scuttles Adani’s water plans for Carmichael coal mine
Energy & Natural Resources 2021-05-25 5:27 pm By Christine Caulfield

Adani’s controversial Carmichael coal mine in Queensland has hit another potential snag, with the Federal Court on Tuesday sending the company’s moves to pump 12.5 billion litres of water a year from the Suttor River back to square one.

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Roberts-Smith wiped laptop with USB content after he was told to retain files, court told
Defamation 2021-05-25 2:17 pm By Miklos Bolza

War veteran Ben Roberts-Smith “wiped” a laptop last month containing possible national secrets found on USB sticks retrieved from his former home, the judge overseeing the former soldier’s defamation case against three publishers has heard.

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Ben Roberts-Smith seeks ‘covert recordings’ from publishers
Defamation 2021-05-21 7:16 pm By Miklos Bolza

War veteran Ben Roberts-Smith is seeking all “covert recordings” held by Nine and revealed in a number of news publications last month in which the former soldier said it was his “sole mission” to destroy the journalists behind allegedly defamatory articles accusing him of war crimes.

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Jump swim school hit with $23M penalty for ‘very serious’ consumer law breaches
Franchises 2021-05-20 4:47 pm By Miklos Bolza

The failed franchisor behind the Jump Swim Schools brand has been hit with a $23 million penalty for what a Federal Court judge found were “very serious” consumer law contraventions.

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Judge throws out part of challenge to India travel ban
COVID-19 2021-05-10 9:49 pm By Cindy Cameronne

A judge has dismissed part of a legal challenge to the Morrison government’s ban on Australians travelling home from India during a devastating surge in coronavirus cases in the country, finding the health minister did exceed his powers in instituting the ban.

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$112M Robodebt class action settlement has ‘bigger set of losers’ than normal, court hears
Class Actions 2021-05-07 10:12 pm By Miklos Bolza

A court-appointed contradictor has asked for changes to a $112 million settlement in the Robodebt class action against the federal government, saying it is unfair that some group members won’t receive financial compensation from the settlement, which had a “bigger set of losers” than normal.

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Judge ‘troubled’ over fairness of $112M Robodebt class action settlement
Class Actions 2021-05-06 10:15 pm By Miklos Bolza

The judge overseeing the Robodebt class action has raised concerns about the fairness of a $112 million settlement in the case, which will provide no financial benefit to some group members and will extinguish their rights to make claims against the federal government.

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