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‘Solicitors love them’: Judge rails against discovery ‘tsunami’ in class actions
Class Actions 2020-10-15 11:47 am By Miklos Bolza

The judge overseeing a class action against Westpac over superannuation fees has criticised costly discovery processes that produce a “tsunami of material”, most of which is never used at trial.

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Judge says Robodebt class action claims ‘weak’, but refuses government’s appeal bid
Class Actions 2020-10-14 9:31 pm By Miklos Bolza

A judge has refused an application by the Federal Government to appeal the expansion of the Robodebt class action pleadings despite finding the case was “troubling”, “weak” and in certain aspects “[made] no sense whatsoever”.

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Google execs held ‘Oh shit’ meeting after report on location data disclosures, court hears
Competition & Consumer Protection 2020-10-14 2:51 pm By Christine Caulfield

A media report about Google’s location data privacy disclosures that set off investigations by consumer regulators in Australia and the US triggered crisis talks by senior executives of the search engine giant referred to as the ‘Oh shit meeting’, a court has been told.

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Daily Mail says Erin Molan has history of ‘objectively racist’ conduct
Defamation 2020-10-14 12:31 pm By Cat Fredenburgh

The Daily Mail has fired back at a defamation lawsuit by sports broadcaster Erin Molan alleging its coverage of a remark she made during Nine’s Continuous Call radio program implied she was a racist, telling the court that Molan has a history of “objectively racist” conduct on air. 

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ACCC hits sporting goods supplier with resale price maintenance case
Competition & Consumer Protection 2020-10-14 11:08 am By Cat Fredenburgh

The ACCC has taken a major wholesale supplier of sporting goods to court for allegedly setting minimum prices for cycling and sporting goods in its agreements with retailers.

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Nine loses appeal of $3.7M defamation award over 60 Minutes floods report
Defamation 2020-10-13 5:16 pm By Miklos Bolza

The Nine Network has lost its challenge to a $3.7 million defamation judgment awarded to a prominent Queensland family over a 60 Minutes report that implied they were to blame for a 2011 flood event that killed 12 people.

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Legal body calls for more support for courts after death of Judge Guy Andrew
Judge Guy Andrew 2020-10-13 5:07 pm By Cat Fredenburgh

Australia’s peak body representing legal professionals has called for more support for Federal Circuit and Family Court judges following the death of Judge Guy Andrew, telling Lawyerly that the “crippling pressures and workloads” faced by judges on the chronically underfunded courts created an unsafe workplace.

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Andrews government faces High Court challenge to COVID-19 lockdown
COVID-19 2020-10-12 10:23 pm By Christine Caulfield

A Sorrento bar owner backed by two high profile barristers is taking the Andrews government to the High Court claiming Victoria’s lockdown is an unconstitutional restriction on the freedom of movement of the state’s 6.6 million residents.

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VW escapes ASIC responsible lending case with $4.7M remediation promise
Financial Services 2020-10-12 4:08 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has settled its responsible lending case against Volkswagen’s financial services unit with an undertaking from the car financier to repay customers $4.7 million.

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AMP hits back at class action, says buy-out policy changes needed to avoid ‘BOLR run’
AMP 2020-10-12 2:13 pm By Christine Caulfield

Changes to AMP’s buyer of last resort policy that reduced the multiple by which the wealth management firm would purchase advisers’ client registers was necessary to protect the business from a ‘BOLR run’, a court had been told.

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