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CBA class action preps for class closure nod from Full Court
Class Actions 2022-02-16 12:52 pm By Cat Fredenburgh

Lawyers leading a class action against the Commonwealth Bank over its alleged money laundering compliance failures are getting their ducks in a row in the event the Full Court rules the court has the power to shut out unregistered group members from a class action.

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‘I couldn’t sleep at night’: Clive Palmer says he feared for safety after WA’s ‘Palmer Act’
Trials 2022-02-16 7:14 pm By Sam Matthews

Clive Palmer said he feared for his physical safety as a result of the criminal immunity granted to the WA government by legislation and the consequent ‘political campaign’ waged against him, as he took the stand for the first time in his defamation trial against the WA premier.

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Ben Roberts-Smith reignites court battle with ex-wife over confidential emails
Appeals 2022-02-16 10:33 pm By Bianca Hrovat

Embattled war veteran Ben Roberts-Smith continues to pursue legal action against his ex-wife, having applied for leave to appeal a Federal Court decision disallowing cross-examination over allegations she accessed his private emails.

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‘A complete ass’: Judge in Palmer, McGowan trial bemoans state of defamation law
Defamation 2022-02-15 9:38 pm By Sam Matthews

A judge overseeing the closely watched trial in Clive Palmer’s defamation case against WA Premier Mark McGowan has vented his frustrations with the state of Australian defamation proceedings, railing against what he said was the common practice of parties refusing to concede even minor points. 

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‘Sneaky and dishonest’: Ben Roberts-Smith accuses ex-wife of seeking revenge on witness stand
Trials 2022-02-15 3:27 pm By Bianca Hrovat

Decorated Afghanistan war veteran Ben Roberts-Smith has accused his ex-wife of lying to journalists, lawyers and the court in order to “seek revenge” for his alleged infidelity.

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Class action waiver in Ruby Princess cruise T&Cs not unfair, court told
Class Actions 2022-02-14 9:51 pm By Christine Caulfield

A class action waiver in the terms and conditions of tickets purchased by US passengers embarking on the fateful Ruby Princess cruise at the height of the first COVID-19 wave was neither unfair nor onerous, an appeals court has heard.

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‘If you don’t lie, you will lose them’: Ben Roberts-Smith silenced ex-wife with custody threats, trial told
Trials 2022-02-14 2:45 pm By Bianca Hrovat

Victoria Cross recipient Ben Roberts-Smith told his wife she would lose access to their children if she did not lie to his lawyers and the media about his extramarital affair, a court has heard.

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High Court to decide if class action shareholders can publicly grill directors
Restructuring & Insolvency 2022-02-11 11:59 pm By Christine Caulfield

A case before the High Court could have major implications for company directors, giving shareholders in class actions the power to drag them before court for public examination.

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SAS sergeant admits he was reporter’s source in Ben Roberts-Smith trial
Defamation 2022-02-10 9:55 pm By Bianca Hrovat

A SAS sergeant testifying for Fairfax Media in the Ben Roberts-Smith’s defamation trial has admitted he told an investigative reporter the decorated veteran machine-gunned a disabled man during the war in Afghanistan, but insisted everything he said was true.

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High Court gives boost to gig economy, clarifies test for independent contractors
Employment 2022-02-09 7:34 pm By Bianca Hrovat

The High Court has bolstered the position of businesses hiring independent contractors with two rulings clarifying the importance of the contract in determing the status of workers.

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