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Roberts-Smith hired private investigator to check ex-partner had abortion, court hears
Defamation 2021-06-15 6:50 pm By Cindy Cameronne

Former SAS soldier Ben Roberts-Smith has told a court that he hired a private investigator to find out whether a woman who has accused him of domestic violence had an abortion and to obtain the home addresses of six SAS soldiers set to give evidence in his defamation trial.

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NAB wins $43M judgment against ex-Dick Smith director but receivers walk away empty handed
Restructuring & Insolvency 2021-06-15 4:47 pm By Miklos Bolza

A judge has awarded $43 million to National Australia Bank in its lawsuit against former directors of failed retailer Dick Smith, but threw out claims against company directors brought by HSBC and the retailer’s receivers.

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Victoria Cross ‘put a target on my back’, Ben Roberts-Smith tells court
Defamation 2021-06-11 2:58 pm By Miklos Bolza

War veteran Ben Roberts-Smith has said that while he was proud to have received the Victoria Cross for his actions at the 2010 battle of Tizak in Afghanistan, winning the award “put a target” on his back, with fellow soldiers seeking to undermine those they saw as tall poppies.

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GetSwift class action faces fight to use witness evidence from ASIC case
Class Actions 2021-06-04 10:15 pm By Christine Caulfield

GetSwift is opposing a bid by the lead shareholder in a class action to rely at an upcoming trial on evidence given by overseas witnesses in last year’s hearing in ASIC’s case, and its resistance could force the class to bring a separate case in the US to compel fresh testimony, a court has heard.

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Ben Roberts-Smith sues ex-wife ahead of defamation trial over war crimes allegations
Defamation 2021-06-03 10:30 pm By Christine Caulfield

Accused war criminal Ben Roberts-Smith has brought legal action against his ex-wife, who is set to give evidence for Nine at the upcoming trial in his defamation case against the publisher.

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Jury finds Country Care not guilty in first criminal cartel case against Australian biz
Trials 2021-06-02 3:00 pm By Christine Caulfield

The ACCC has suffered a stinging defeat in its criminal cartel action against mobility equipment provider Country Care, its CEO and a former employee, with a jury handing down not guilty verdicts on all eight charges in the case.

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Banksia silk Norman O’Bryan signals possible appeal after failure to reopen defence
Legal Ethics 2021-03-18 10:29 pm By Christine Caulfield

Once high-flying barrister Norman O’Bryan might seek to challenge a refusal by the judge overseeing the Banksia class action to revisit his abandoned defence and accept into evidence a document he claims proved he did not secretly hold shares in the funder behind the case.

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Funder of scandal-ridden Banksia class action expresses ‘remorse and regret’
Legal Ethics 2021-03-17 10:44 pm By Christine Caulfield

The litigation funding company controlled by the late solicitor Mark Elliott has told a court of its “remorse and regret” for its misconduct in the Banksia Securities class action, a case that has been described as the “darkest chapter in Victoria’s legal history”.

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‘I don’t go to court, I’m the boss’: Lawyer suing Daily Telegraph says poor hearing didn’t affect court attendance
Defamation 2021-03-17 4:31 pm By Cindy Cameronne

A Sydney criminal lawyer who alleges two Daily Telegraph articles defamed him by implying he was too old and deaf to represent clients has told a judge he doesn’t attend court much because he’s the “boss” at his law firm, not because he has suffered hearing loss. 

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Banksia class action funder’s son should not be punished for the sins of his father, judge told
Class Actions 2021-03-16 10:29 pm By Christine Caulfield

The son of Banksia class action funder Mark Elliott was no Michael Corleone of the Godfather, and was not knowingly complicit in an alleged scheme masterminded by his father to defraud group members and destroy evidence, his lawyer has told a court.

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