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ABC, Fairfax can’t revive truth defence in Chau Chak Wing defamation case
Article 2019-08-02 10:05 pm By Miklos Bolza

The ABC and Fairfax have lost their appeal seeking to revive a truth defense in a defamation case brought by Chinese businessman Dr Chau Chak Wing over a Four Corners program accusing him of espionage and links to the Chinese Communist Party.

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Radio Rentals class can peek at excess insurance, as court hears claim may exceed $100M
Class Actions 2019-08-02 9:34 pm By Amelia Birnie

The applicants in the Radio Rentals class action have won access to the company’s excess layer insurance policies, amid concerns that group members’ losses from the allegedly misleading ‘Rent, Try, $1 Buy’ program could surpass $100 million.

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ABC wants AFP affidavit that secured ‘legally unreasonable’ search warrant
Media 2019-08-02 9:18 pm By Miklos Bolza

The Australian Broadcasting Corporation, which is fighting the legality of a police raid on its Sydney headquarters, has urged the Federal Court to order the Australian Federal Police to hand over a document it produced as rationale for obtaining a search warrant.

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Toyota hit with class action over allegedly faulty diesel filters
Class Actions 2019-08-01 8:31 pm By Miklos Bolza

Car giant Toyota is facing a class action seeking compensation on behalf of around 250,000 vehicle owners who allegedly suffered loss from faulty diesel filters in the automaker’s Hilux, Fortuner and Prado diesel model cars.

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Judge rejects ‘arguably excessive’ funder’s commission in KPMG class action
Class Actions 2019-07-31 11:52 am By Miklos Bolza

A judge has rejected a proposed common fund order in the settled KPMG class action, saying the funder’s commission was “arguably excessive” and could result in a “stratospheric” return to the firm.

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Coles claim for $40M in refunds for lost fuel ‘completely unreal’, ATO tells court
Tax 2019-07-29 9:07 pm By Christine Caulfield

A claim by Coles for $40 million in tax credits for fuel that evaporates or leaks from the 3,000 tanks at its service stations — based on an argument that the company buys extra fuel to account for the loss — is “completely unreal”, a lawyer for the tax office told a court Monday.

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Judge meets further resistance from doctors group in Ethicon pelvic mesh class action
Product Liability 2019-07-26 9:54 pm By Amelia Birnie

A judge has ordered a leading doctor’s professional body to hand over its member list to the applicants in the Ethicon pelvic mesh class action, after the organisation tried to argue its physical member book didn’t strictly fall within the terms of a court order.

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AMP taken by surprise by ASIC’s claim of 120 breaches in insurance churn case
Financial Services 2019-07-26 9:45 pm By Amelia Birnie

AMP Financial Planning has attempted to qualify its admission to so-called insurance churn allegations by the corporate watchdog, suggesting it might not have admitted to “all contraventions” if it had known ASIC would push for up to 120 separate breaches and $36 million in penalties.

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Judge OKs Westpac’s confidential class action settlement over unregistered investment scheme
Class Actions 2019-07-26 2:28 pm By Christine Caulfield

A judge has signed off on a confidential settlement resolving a class action brought by investors against Westpac over its role in an unregistered managed investment scheme run by now deceased financial advisor Tony Famularo.

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Grant Thornton steps up as contradictor in KPMG class action settlement
Class Actions 2019-07-25 8:17 pm By Miklos Bolza

Accounting firm Grant Thornton has thrown off prior concerns and agreed to take on the dual role of scheme administrator of a confidential settlement by KPMG in the Discovery Metals shareholder class action and costs contradictor of Piper Alderman’s $3.5 million legal bill.

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