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‘Cynical and cranky’ tweeter not a journalist, judge rules in defamation case
Defamation 2021-07-06 5:51 pm By Cindy Cameronne

A self-described “citizen journalist” who publishes “cynical and cranky” opinions about the Australian Stock Exchange on the Twitter account Stockswami cannot claim journalist privilege to protect his source, a judge has found.

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Former Arrium directors point finger at KPMG in class action defence
Class Actions 2021-07-06 2:00 pm By Miklos Bolza

Four executives of the failed Arrium have named auditor KPMG as a “concurrent wrongdoer” in defending a shareholder class action over a $754 million capital raising two years prior to the mining and steel giant’s $2 billion collapse.

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Insurer must cover breast implant doctor’s class action defence costs
Insurance 2021-07-06 1:29 pm By Christine Caulfield

A surgeon facing class action claims from breast implant patients of the defunct The Cosmetic Institute has won his legal battle against an insurer that denied coverage for his defence costs.

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Facebook says ACCC’s data collection allegations ‘overstated’
Competition & Consumer Protection 2021-07-06 11:52 am By Miklos Bolza

Facebook has accused the Australian Competition and Consumer Commission of overstating the amount of data it collected on users through its discontinued Onavo Protect mobile app, and says the collection was allowed under its terms of service.

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Western Power partly liable for 2014 Perth Hills bushfire, appeals court rules
Class Actions 2021-07-05 6:00 pm By Cindy Cameronne

Western Power was negligent in causing the January 2014 Perth Hills bushfire which destroyed 57 homes, an appeals court has found, putting the state-owned electricity company on the hook for the majority of the damage caused to members in the group action.

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Quintis class actions reload as insurance brawl delays settlement approval
Class Actions 2021-07-05 4:54 pm By Miklos Bolza

Two shareholder class actions against sandalwood producer Quintis that reached an in principle settlement over a year ago are moving forward following a protracted dispute over insurance, with the lead applicants getting approval to file proposed amended pleadings.

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Arrium settlement was a ‘substantial compromise’, judge says
Restructuring & Insolvency 2021-07-05 4:05 pm By Cat Fredenburgh

A settlement reached in a lawsuit by the liquidators of collapsed steel giant Arrium against 10 former company directors accused of insolvent trading has been approved by a judge, who noted that while the settlement amount was “substantial”, the deal involved a “substantial compromise”.

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Law firm defeats ex-client’s lawsuit over $24.5M property spat
Legal Ethics 2021-07-05 2:46 pm By Cindy Cameronne

A Melbourne law firm has triumphed in a lawsuit by a former client that accused it of breaching its fiduciary duty in “hard-fought” litigation over a $24.5 million East Melbourne development.

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BHP asks High Court to weigh in on inclusion of foreign investors in class action
Appeals 2021-07-05 11:56 am By Cat Fredenburgh

Global resources giant BHP Group is seeking special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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Captain Cook College engaged in systemic unconscionable conduct, court finds
Competition & Consumer Protection 2021-07-02 11:09 pm By Cat Fredenburgh

Motivated by greed, online educator Captain Cook College engaged in a system of unconscionable conduct by enrolling thousands of students who accrued $60 million in debt but never finished their courses, a court has found.

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