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Judge to decide whether Higgins can be questioned about courthouse speech
Defamation 2023-12-01 10:16 pm By Sam Matthews

The judge overseeing alleged rapist Bruce Lehrmann’s defamation case against Network Ten and presenter Lisa Wilkinson has deferred a decision about whether accuser Brittany Higgins can be questioned over her speech outside the ACT courthouse after a mistrial was declared in Lehrmann’s criminal case.

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PepsiCo loses dispute with ATO over royalty withholding tax
Tax 2023-12-01 11:57 pm By Cat Fredenburgh

In a victory for the ATO, a judge has found that payments made by Schweppes to PepsiCo as part of a bottling and distribution agreement, which did not expressly provide for payment of a royalty for use of the company’s IP, were royalties and should be taxed accordingly.

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Noumi in talks with ASIC on penalty for continuous disclosure breaches
Securities 2023-12-01 1:38 pm By Cindy Cameronne

Food manufacturer Noumi is trying to reach agreement with the Australian Securities and Investments Commission on a penalty to propose to the court for violating its continuous disclosure obligations by overstating the value of inventory.

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Brittany Higgins denies ‘evolving’ evidence about alleged rape
Defamation 2023-11-30 6:44 pm By Sam Matthews

Facing cross-examination for the first time in Bruce Lehrmann’s defamation case, former Liberal staffer Brittany Higgins has denied she adapted her evidence to suit new information and dismissed the “insulting” proposition that she fabricated the alleged rape by Lehrmann out of fear she would lose her job.

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$26M settlement approved in class action over Dreamworld tragedy
Class Actions 2023-11-30 10:16 pm By Cat Fredenburgh

A judge has signed off on a $26 million settlement in a shareholder class action against Ardent Leisure over the 2016 Dreamworld tragedy, including $7.8 million for the funder that backed the case and $5 million in legal costs.

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Procter & Gamble’s ’30 Minute Miracle’ dish soap claims don’t wash, court finds
Competition & Consumer Protection 2023-11-30 3:49 pm By Cindy Cameronne

Consumer goods giant Procter & Gamble Australia made misleading statements that its Fairy ‘30 Minute Miracle’ dishwashing tablet was better at cleaning than Reckitt Benckiser’s Finish Platinum Plus, but both companies made false claims about their products, a judge has found.

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Court OKs 30% GCO for law firm running hotel quarantine class action
Class Actions 2023-11-30 11:27 pm By Cat Fredenburgh

The firm behind a class action over Victoria’s COVID-19 hotel quarantine debacle has won a group costs order providing for a 30 per cent contingency fee, after promising it won’t ask for more down the road.

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Seven must produce emails exchanged with Ben Roberts-Smith’s lawyers
Defamation 2023-11-30 1:33 pm By Cindy Cameronne

An appeals court has refused to set aside subpoenas forcing Seven to produce some of the 8,600 emails it exchanged with Ben Roberts-Smith’s solicitors concerning his failed defamation case over alleged war crimes he committed in Afghanistan.

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Philips class action pleading not the ‘finest piece of work’: judge
Peter Cashman 2023-11-30 4:51 pm By Cindy Cameronne

A judge has told the law firm that has taken over a class action against Philips Electronics over recalled sleep apnea machines to take its time when amending the pleading, which he said was not the “finest piece of work” he’d ever seen.

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Solicitors’ CFO question in Blue Sky class action sent to Full Court
Class Actions 2023-11-29 11:38 pm By Christine Caulfield

Weeks after giving the thumbs up to common fund orders at settlement, the Full Federal Court has been asked to decide whether judges have power to order payment of a commission to class action solicitors — not just funders.

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