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Lawyers no fans of ‘fractured’ approach to continuous disclosure laws
Class Actions 2024-05-17 11:23 pm By Christine Caulfield

What’s good for the goose is good for the gander, lawyers have said in attacking a report to Parliament that recommends abolishing amendments adding a fault element to the continuous disclosure regime for ASIC cases but requiring shareholders to clear the higher bar in class actions.

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Decision awarding Jaguar class action to Gilbert + Tobin shot down on appeal
Appeals 2024-05-17 11:09 pm By Cindy Cameronne

A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case. 

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NAB faces fraud allegations in $100M class action over collapse of builder Walton
Class Actions 2024-05-17 12:53 pm By Christine Caulfield

A judge has given the green light to amendments to a $100 million class action against NAB over the collapse of Walton Construction, which include new claims of equitable fraud and knowing involvement in misleading and deceptive conduct.

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Nationwide News wins bid for serious harm hearing over Shandee Blackburn podcast
Defamation 2024-05-17 11:01 am By Sam Matthews

A judge hearing a defamation case over a podcast by The Australian about the murder of Shandee Blackburn has granted a bid by a News Corp unit for a pre-trial hearing to determine whether acquitted suspect John Peros suffered serious harm from the podcast.

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Victorian Liberal leader John Pesutto settles defamation suits by anti-trans rights activists
Defamation 2024-05-17 10:24 pm By Andy Sidler

Victorian Liberal Party leader John Pesutto has settled two defamation lawsuits by organisers of the ‘Let Women Speak Rally’ and apologised for conflating them with neo-Nazis who crashed the event, saying his comments “could have more clearly differentiated between the groups”.

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Environmental laws ‘ill-suited’ to dealing with threat of climate change, Full Court says
Environment 2024-05-16 11:52 pm By Cindy Cameronne

An appeals court has dismissed an environmental advocacy group’s challenge to the extension of two Mach Energy and Whitehaven Coal mega coal mines in NSW, saying the current environmental laws are “ill-suited” to dealing with the global threat of climate change. 

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HWL Ebsworth to shake up management model
Business of Law 2024-05-16 11:18 pm By Sam Matthews

HWL Ebsworth has formally replaced its managing partner structure with a company board, following the death of managing partner Juan Martinez in March. 

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Insurers to pay $1M in Axsesstoday class action settlement
Class Actions 2024-05-16 11:26 pm By Cindy Cameronne

Four insurers have agreed to fork over $1 million to settle an investor class action against lender Axsesstoday over an allegedly misleading prospectus for a bond offering, while claims against PricewaterhouseCoopers will move forward.

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Billabong founder loses fight with ATO over $111M Plantic sale
Tax 2024-05-16 11:11 pm By Cindy Cameronne

Billabong founder Gordon Merchant has lost his challenge to a decision by the ATO to increase his tax liability to $31 million, finding that he conducted a “wash sale” of his Billabong shares and engaged in dividend stripping on the sale of bio plastics manufacturer Plantic Technologies. 

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CBA didn’t have to alert investors to ‘toings and froings’ of AUSTRAC probe, judge says
Class Actions 2024-05-15 11:18 pm By Cindy Cameronne

A judge that tossed two shareholder class actions against the Commonwealth Bank of Australia has found the bank did not have to alert investors to the possibility of AUSTRAC proceedings, saying investors did not expect to be apprised of the “toings and froings” of regulatory investigations.

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