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ABC faces high bar in defence against Christian Porter’s defamation case
Analysis 2021-03-16 11:57 pm By Cindy Cameronne

Facing laws strongly favouring plaintiffs and defamation claims based on allegations of an historic rape with no witnesses, the ABC has an uphill battle in defending itself against Attorney-General Christian Porter’s case alleging the national broadcaster engaged in a campaign to destroy his reputation, experts say.

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Banksia class action funder’s son should not be punished for the sins of his father, judge told
Class Actions 2021-03-16 10:29 pm By Christine Caulfield

The son of Banksia class action funder Mark Elliott was no Michael Corleone of the Godfather, and was not knowingly complicit in an alleged scheme masterminded by his father to defraud group members and destroy evidence, his lawyer has told a court.

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Silk Norman O’Bryan loses bid to reopen his defence in Banksia class action
Class Actions 2021-03-16 11:26 am By Christine Caulfield

Barrister Norman O’Bryan SC has failed in his last-ditch bid to reopen his defence in the Banksia class action to submit evidence he says shows he did not retain an interest in the litigation funder behind the case.

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Lawyers, funder in Banksia misconduct case could face $10M hit
Class Actions 2021-03-15 11:02 pm By Christine Caulfield

The judge overseeing the trial alleging fraud on the part of barristers and the funder behind a class action over Banksia Securities will be asked to award at least $32 million to the failed property lender’s 16,000 debenture holders for the serious misconduct alleged against the lawyers.

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High Court rejects Rinehart’s ‘very odd’ special leave bid in dispute over mining assets
Energy & Natural Resources 2021-03-15 8:39 pm By Miklos Bolza

The High Court has rejected special leave applications by mining magnate Gina Rinehart to appeal a ruling which only partially stayed a legal dispute over ownership rights and royalties relating to the Rinehart family-owned Hope Downs iron ore mine, with one judge calling the mining magnate’s arguments a “tortured articulation” and “very odd”. 

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Christian Porter accuses ABC reporter of ‘campaign’ to destroy his reputation
Defamation 2021-03-15 11:55 am By Christine Caulfield

Attorney-General Christian Porter has filed defamation proceedings in the Federal Court against the ABC and journalist Louise Milligan over an online article he says made false allegations against him.

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Woolworths can include details of ‘no cost’ pay review in class action notice
Employment 2021-03-12 5:33 pm By Miklos Bolza

A judge has allowed Woolworths to include details of its internal pay review processes in an opt out notice to be sent to disgruntled current and former employees who have launched a class action against the supermarket giant.

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Late opt outs imperil $138M IAG ‘junk insurance’ class action settlement
Class Actions 2021-03-12 4:43 pm By Miklos Bolza

A group of late opt out notices by group members in a class action over IAG insurance, who were egged on in part by a ‘corporate warfare’ campaign by claims management service Claimo, could result in IAG pulling the plug on a $138 million settlement.

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‘Bit of a stretch’: Judge looks dimly on Squirrel’s defence in ASIC case
Financial Services 2021-03-12 4:30 pm By Cindy Cameronne

A judge has questioned fintech company Squirrel Super’s defence in ASIC’s case alleging it made false and misleading statements about returns on property investments, saying it “looked like a bit of a stretch” at first glance.

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Monsanto class action judge won’t rule on expert evidence in novel hearing
Class Actions 2021-03-11 10:07 pm By Christine Caulfield

A judge overseeing a class action against Bayer-owned Monsanto over its allegedly carcinogenic weedkiller, Roundup, has declined to rule on the admissibility of expert evidence in a hearing ahead of trial next year, despite concerns about the independence of the expert witnesses for the class.

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