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Seven says subpoenas in Ben Roberts-Smith case would reveal ‘deeply personal’ emails
Defamation 2023-09-22 11:55 pm By Sam Matthews

Subpoenas granting Fairfax access to thousands of emails to and from former soldier Ben Roberts-Smith, represent “a very real and profound intrusion into private affairs,” a court has heard.

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Judge’s service with silk on chambers’ board gave rise to appearance of bias: court
Legal Ethics 2023-09-22 4:14 pm By Cindy Cameronne

An appeals court has set aside findings of professional misconduct against a Perth solicitor who allegedly failed to pay a silk $23,000 in fees after finding a tribunal member had served on a chambers’ board with the senior barrister for eight years. 

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NAB ordered to pay ‘woefully insufficient’ penalty in ASIC fee case
Financial Services 2023-09-22 10:02 am By Cindy Cameronne

A judge has ordered National Australia Bank to pay just one-fifth the $10 million penalty proposed by ASIC for overcharging customer fees, taking aim at the regulator’s concise pleading and saying the maximum penalty he could order was “woefully inadequate”.

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Theatre company drops bid for suppression to shield Craig McLachlan from ‘distress’
Human Rights 2023-09-22 12:25 pm By Sam Matthews

A theatre company accused of discriminating against actress Christie Whelan Browne and subjecting her to repeated sexual harassment has dropped a bid to suppress parts of her claim to protect actor Craig McLachlan from distress and embarrassment.

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Starbucks shortchanged part-time staff $4.5M in overtime
Employment 2023-09-22 1:03 pm By Cat Fredenburgh

The Australian arm of coffee giant Starbucks has backpaid part-time workers across 52 stores $4.5 million, after discovering it failed to pay proper overtime rates.

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ACCC takes EnergyAustralia to court over electricity price notices
Competition & Consumer Protection 2023-09-22 12:33 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has brought proceedings against EnergyAustralia for allegedly misleading consumers when notifying them of changes to electricity prices. 

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Class action members reap rewards of competition, but at what cost?
Analysis 2023-09-21 11:55 pm By Sam Matthews

The judge who rewarded the law firm with the lowest ever GCO proposal with carriage of an $80 million class action this week noted the competitive forces that shaped a “very good deal for group members,” but competition has its downsides, experts say.

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ACCC shuts down Transurban’s bid for Horizon stake
Competition & Consumer Protection 2023-09-21 11:54 am By Cat Fredenburgh

The Australian Competition and Consumer Commission will not sign off on Transurban’s plan to acquire a majority stake in fellow toll road operator Horizon Roads, finding the deal would likely reduce competition for toll road concessions in Victoria.

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Judge approves $6.88M CFO in $25M Fonterra class action settlement
Class Actions 2023-09-21 11:56 pm By Cat Fredenburgh

A judge has approved a common fund order awarding $6.88 million to the funder behind a class action against Fonterra that settled for $25 million, opting not to wait for a much-anticipated appeals court ruling on the power to make CFOs at settlement.

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Care A2 Plus launches cross-claim in $200M dispute with US distributor
Competition & Consumer Protection 2023-09-21 11:10 pm By Christine Caulfield

The rancour is rising between Care A2 Plus and its US business partner Gensco Pharma, with the infant formula company firing off a cross-claim in a lawsuit alleging it breached a lucrative distribution deal.

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