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Ben Roberts-Smith owed record damages after reputation ‘smashed and destroyed’ by Fairfax, court hears
Defamation 2021-06-08 12:57 pm By Cindy Cameronne

Decorated war veteran Ben Roberts-Smith is owed record aggravated damages from Fairfax for publishing allegations of war crimes that it knew was false and decimating his reputation, a court has heard.

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Paralegal who claimed she was forced to take COVID-19 pay cut drops lawsuit
COVID-19 2021-06-07 3:42 pm By Cat Fredenburgh

A paralegal who claimed she was forced to take a 20 per cent pay cut during the beginning of the COVID-19 pandemic on the basis of misleading statements by her former law firm’s director has resolved her lawsuit against the firm.

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Major retailers file class action over missing cargo ship containers
Class Actions 2021-06-07 3:08 pm By Miklos Bolza

A class action has been filed on behalf of major retailers seeking compensation over a May 2020 incident on the MV APL England vessel which saw valuable goods en route to Australia damaged or lost overboard during rough weather.

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‘Corrosive jealousy’ drove allegations against Ben Roberts-Smith, court hears
Defamation 2021-06-07 2:55 pm By Cindy Cameronne

Former soldiers driven by ‘corrosive jealousy’ of Ben Roberts-Smith plotted to take down the Victoria Cross recipient and were aided by “credulous journalists”, a court has heard.

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Ben Roberts-Smith accuses ex-wife of accessing email correspondence with lawyers
Defamation 2021-06-04 11:42 pm By Christine Caulfield

The ex-wife of accused war criminal Ben Roberts-Smith may have accessed his email account containing privileged communications with lawyers, a barrister for the former soldier told a judge on the eve of his defamation trial against Nine.

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GetSwift class action faces fight to use witness evidence from ASIC case
Class Actions 2021-06-04 10:15 pm By Christine Caulfield

GetSwift is opposing a bid by the lead shareholder in a class action to rely at an upcoming trial on evidence given by overseas witnesses in last year’s hearing in ASIC’s case, and its resistance could force the class to bring a separate case in the US to compel fresh testimony, a court has heard.

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‘I don’t think it’s right’: Federal Court judge not a fan of landmark class closure ruling
Class Actions 2021-06-04 4:00 pm By Cindy Cameronne

A Federal Court judge has made his feelings known about a ruling by the NSW Supreme Court last year that found judges have no power to shut unregistered group members out of a class action, but said he was “just a single judge” and was bound by the decision.

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Court urged to reject law firm’s contingency fee bid in ANZ, Westpac class actions
Class Actions 2021-06-03 10:25 pm By Miklos Bolza

A Victoria Supreme Court judge weighing for the first time an application by a law firm for a percentage cut of recoveries in class actions has been told to reject the bid because group members would fare better under the firm’s current no win, no fee funding arrangement.

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Court to hear challenge to unions funding class action against UGL
Class Actions 2021-06-03 12:04 pm By Cat Fredenburgh

Engineering giant UGL will file proceedings against two unions seeking to block them from funding an underpayments class action on behalf of casual workers, with a judge noting the Full Court may need to weigh in on whether unions can fund class actions.

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BHP loses ‘highly problematic’ bid to exclude foreign investors from class action
Appeals 2021-06-03 10:10 am By Cindy Cameronne

Global resources giant BHP Group has lost an appeal in its fight to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster, after arguing the class action regime applies only to those in Australia.

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