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Truth shouldn’t ‘straitjacket’ public interest defence, says judge in Heston Russell case
Defamation 2023-08-29 10:16 pm By Cindy Cameronne

A judge hearing closing submissions in Heston Russell’s defamation case against the ABC has expressed “significant reservations” about evidence by the former commando and said that a “less than complete” story could still be protected under the new public interest defence.

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Merivale class action judge floats separate trial on enterprise agreement
Class Actions 2023-08-29 9:57 pm By Cindy Cameronne

A judge has said that an underpayments class action’s challenge to hospitality giant Merivale’s argument that it does not owe back wages because it relied on an enterprise agreement it believed was valid should be heard before trial. 

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Higgins, Lehrmann expected to take stand at defamation trial
Defamation 2023-08-28 11:23 pm By Cindy Cameronne

The judge hearing a trial in defamation cases by former Liberal staffer Bruce Lehrmann against TV broadcasters ABC and Ten has said he expects both Lehrmann and alleged rape victim Brittany Higgins to take the witness stand.

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Negligence suit tossed against expert retained in lawyer’s employment case
Employment 2023-08-28 11:54 pm By Cindy Cameronne

A psychiatrist who gave expert evidence in a lawyer’s human rights case against his former employer cannot be sued for negligence because he is protected by witness immunity, a judge has found. 

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Aged pensioner can’t revive class action against Social Services
Appeals 2023-08-28 11:42 pm By Cindy Cameronne

A self-represented aged pensioner has lost his bid to revive a class action against the Department of Social Services over its real estate asset testing for pensions, with a judge saying that a legal practitioner must represent group members. 

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PFAS class action judge OKs $132.7M settlement, $33M CFO
Class Actions 2023-08-25 10:38 pm By Cindy Cameronne

A judge has blessed a $132.7 million settlement and a $33 million common fund order in a class action over toxic firefighting foam, saying he was “not vexed” by whether he had power to grant the funder’s payout despite the Full Court having reserved on the contentious issue. 

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NAB class action seeks to bring ‘very serious’ new fraud allegations
Class Actions 2023-08-25 2:25 pm By Cindy Cameronne

NAB will fight a bid by a $78 million class action over the collapse of Walton Construction to add serious fraud allegations in the four-year-old case, which a judge said has been “mired in a procedural mess”.

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$41.45M settlement approved in pelvic mesh class action
Class Actions 2023-08-24 3:42 pm By Cindy Cameronne

A judge has approved a $41.45 million settlement in a pelvic mesh class action against manufacturers Covidien and TFS but has put off deciding on the costs of the firm that ran the case, saying it is “next to useless” when law firms appoint their own costs consultants.

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‘Group members are human beings’: Judge pans discontinuance notice in postgrads class action
Class Actions 2023-08-24 1:18 pm By Cindy Cameronne

A judge has panned as “thoroughly unsatisfactory” a draft notice informing group members in an underpayments class action against the federal government that only claims on behalf of postgraduate research students at the University of Sydney will continue.

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Enviro group wins access to docs on $1.3B Toondah Harbour development
Environment 2023-08-24 4:59 pm By Cindy Cameronne

An environment group that alleges former treasurer Josh Frydenberg rejected advice from the climate change office on a high-rise apartment development on protected wetlands near Brisbane has won access to correspondence about the project.

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