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Volkswagen asks High Court to toss landmark $125M Dieselgate penalty
High Court 2021-06-10 2:56 pm By Cat Fredenburgh

Volkswagen has asked the High Court to throw out a a landmark $125 million penalty over its emissions cheating scandal, the highest ever handed down in Australia for consumer law violations.

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Publishers win access to Ben Roberts-Smith’s medical records as defamation trial looms
Defamation 2021-06-02 9:51 pm By Miklos Bolza

SAS soldier Ben Roberts-Smith has lost a bid to shield his medical records from three publishers less than a week before his high-profile defamation case kicks off in the Federal Court.

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JPMorgan tries to shield ASIC settlement negotiations in ANZ cartel case
Competition & Consumer Protection 2021-06-01 4:09 pm By Miklos Bolza

JPMorgan is fighting to keep details of failed settlement talks with ASIC under wraps in criminal cartel proceedings over a $2.5 billion ANZ share placement, as ANZ seeks to uncover whether the corporate regulator made a deal with the investment bank ahead of the cartel case being filed.

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Government defeats challenge to COVID-19 ban on overseas travel
COVID-19 2021-06-01 2:13 pm By Cindy Cameronne

A judge has thrown out a legal challenge to the Morrison government’s ban on Australians travelling overseas during COVID-19, saying that Parliament had intended to permit the government to take such “harsh” measures that may “intrude on individual rights” in an emergency.

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Lawyers who accused Vic Supreme Court of bias dodge contempt finding
Legal Ethics 2021-05-31 6:55 pm By Cindy Cameronne

A barrister and solicitor who accused the Victoria Supreme Court of bias have avoided a contempt of court ruling, despite a judge finding their conduct “fell short of the standards of competence and diligence” expected of lawyers.

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Government ordered to do ‘root and branch review’ of PFAS class action defence
Class Actions 2021-05-28 11:38 pm By Cat Fredenburgh

A judge has ordered the federal government to file an amended defence in one of two class actions over its use of allegedly toxic firefighting foam on military bases, after being accused of lodging a deficient pleading.

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Climate change class actions likely as court finds duty of care owed to children
Class Actions 2021-05-28 2:03 pm By Miklos Bolza

Class actions are the next battleground following Thursday’s Federal Court ruling that the government owes a duty of care to protect children from the risks of climate change, according to a number of legal experts.

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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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