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Permanent stay of case should be ‘measure of last resort’, High Court says
High Court 2023-11-01 3:51 pm By Cindy Cameronne

The High Court has refused to throw out a personal injury case over 55-year-old child sexual abuse claims, despite the death of the alleged perpetrator and most relevant witnesses, saying a permanent stay is a “measure of last resort”. 

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Care A2 Plus can try again to block Gensco’s US suit
Food and Beverage 2023-10-18 11:38 pm By Cindy Cameronne

A judge has allowed Care A2 Plus to proceed with an appeal arguing a US lawsuit by former business partner Gensco should be blocked, saying the infant formula company will otherwise face a “risk of substantial injustice”. 

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Care A2 willing to take fight over Gensco’s US suit to High Court
Appeals 2023-10-17 3:12 pm By Cindy Cameronne

Care A2 Plus should be given leave to appeal a ruling over an overlapping US case by former business partner Gensco so that it can file a challenge in the High Court if need be, a court has heard.

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Seven, Kerry Stokes’ privacy should be ‘respected’ in Ben Roberts-Smith case, says judge
Defamation 2023-09-28 3:04 pm By Cindy Cameronne

In allowing Seven and chairman Kerry Stokes to challenge a ruling granting Fairfax access to 8,600 emails with accused war criminal Ben Roberts-Smith’s legal team, a judge has said they will suffer prejudice if “personally embarrassing” communications are put into evidence. 

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Seven can challenge production of emails in Ben Roberts-Smith case
Defamation 2023-09-25 10:00 pm By Cat Fredenburgh

Seven Network and chairman Kerry Stokes can challenge a ruling allowing Fairfax to access thousands of “deeply personal” emails sent to and from former soldier Ben Roberts-Smith during his defamation case.

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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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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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Compensation for Privacy Act breaches requires class members to prove loss: judge
Privacy & Cybersecurity 2023-09-18 4:35 pm By Sam Matthews

Victims of privacy breaches must demonstrate actual loss and damage to be eligible for compensation, according to a judge who has given asylum seekers who secured a ruling from the Privacy Commissioner a second chance at proving loss from the public disclosure of their personal information.

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Judge says Optus CEO’s statement on Deloitte report raises doubts about privilege claim
Class Actions 2023-09-14 11:39 pm By Sam Matthews

A judge has questioned an argument by Optus that a report by Deloitte into a major data breach was protected by privilege, saying a press release by the teleco’s boss belied the claim that the provision of legal advice was the report’s chief purpose.

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OAIC taken to court in battle to run Optus class action-style complaint
Privacy & Cybersecurity 2023-09-14 11:13 pm By Sam Matthews

The OAIC has been dragged to court by the law firm that filed a class action-style complaint over the massive Optus data breach, after the privacy commissioner chose a competing representative complaint to move forward.

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