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ABC broadcast Brittany Higgins’ speech to prejudice rape trial, court told
Defamation 2023-06-05 11:38 pm By Gareth Baker

The ABC acted with malice when it aired Brittany Higgins’ defamatory National Press Club speech in full, and the broadcaster’s public interest defence won’t save it, accused rapist Bruce Lehrmann has said.

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‘Fundamentally wrong’: Judge pans AMP’s payment to PwC for remediation review
Financial Services 2023-06-02 3:48 pm By Cindy Cameronne

It was “fundamentally wrong” that AMP Financial Planning paid consultant PricewaterhouseCoopers significantly more to review a court-ordered remediation than was paid to customers who suffered loss after an adviser churned life insurance policies for higher commissions, a judge has said.

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‘Completely at sea’: Banks push for class closure in flex commissions cases
Class Actions 2023-06-02 10:33 pm By Sam Matthews

Westpac, Macquarie and ANZ are seeking class closure orders ahead of mediation in three class actions over flexible commissions schemes, telling a court hearing they will be “completely at sea” without a better idea of the class size.

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Apple can argue patent invalid because of HP device first sold in 2000
Intellectual Property 2023-06-02 10:21 pm By Cindy Cameronne

Apple can argue an Australian non-practicing entity that claims its patents for a remote entry system were infringed by the tech company’s Touch ID and Face ID technology are invalid because of a Hewlett Packard handheld device that was first sold in 2000. 

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SMBC can add new claims in $34M case over Forum Finance receivables
Westpac 2023-06-02 4:00 pm By Gareth Baker

SMBC has been cleared to add more claims to its $34 million suit against Humm Group after the fintech’s subsidiary allegedly misled the Japanese bank about worthless receivables under contracts said to be forged by a Forum Group entity.

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Judge finds Ben Roberts-Smith committed war crimes, tosses defamation claims
Defamation 2023-06-01 2:43 pm By Cindy Cameronne

Former SAS corporal Ben Roberts-Smith has lost his defamation case against Nine-owned Fairfax, with a judge finding Thursday it was true that Australia’s most decorated soldier committed civilian murders in Afghanistan.

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Nine’s win in Ben Roberts-Smith defamation case no watershed for publishers
Analysis 2023-06-01 11:17 pm By Christine Caulfield

With truth on its side, Nine’s defeat of soldier Ben Roberts-Smith’s lawsuit was a huge win for investigative journalism in Australia, but while it might make lawyers blink before bringing defamation cases, the victory is not a game-changer, experts say.

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BHP to backpay workers $430M due to public holiday error
Employment 2023-06-01 10:47 pm By Cat Fredenburgh

BHP has admitted it underpaid mine workers $430 million for over a decade by improperly deducting leave for public holidays.

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TPG-backed company seeks quick win in case over alleged scam tied to $1B climate deal
Energy & Natural Resources 2023-05-31 10:14 pm By Gareth Baker

A company backed by private equity giant TPG which was allegedly fooled into paying part of a $1 billion deal to the wrong company wants default judgment in a case against the accused scammer, but a judge has raised doubts about attempts to serve the lawsuit.

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Virgin class action wants DOCA indemnity clause amended to reflect ‘what creditors were told’
Restructuring & Insolvency 2023-05-31 4:39 pm By Sam Matthews

A class action of bond holders accusing Virgin Australia of failing to disclose its true financial position in a 2019 prospectus for a capital raising wants a contentious indemnity clause in the airline’s DOCA narrowed, in proceedings a judge has said “increasingly resemble a farce”.

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