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Roberts-Smith wants judge to recuse himself from deciding if OSI can see evidence
Defamation 2023-08-07 1:03 pm By Cindy Cameronne

Ben Roberts-Smith has argued a judge should recuse himself from deciding if the Office of the Special Investigator can access his defamation court file, arguing the public might think he was biased and wanted to “further” his findings that the former SAS corporal committed war crimes.  In a case management hearing on Monday, Arthur Moses…

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Deloitte’s $2.5M bill in CBA class action holds up settlement approval
Financial Services 2023-08-04 2:08 pm By Sam Matthews

A judge asked to approve a $50 million settlement in a consumer credit insurance class action against the Commonwealth Bank has questioned a $2.5 million deduction for professional services firm Deloitte.

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Judge asks if class action firm’s uncertain GCO back-up plan ‘artificial’
Class Actions 2023-08-04 3:40 pm By Cindy Cameronne

A judge overseeing a class action against Suncorp subsidiary AAI has questioned whether the “uncertain” plan B of a law firm seeking a 25 per cent group costs order was artificially uncertain to increase the relative appeal of its contingency fee bid.

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Funder wins indemnity costs despite ‘tactical’ $2M settlement offer
Business of Law 2023-08-04 11:01 pm By Cat Fredenburgh

A funder has won its bid for indemnity costs following a $2 million settlement offer, despite the offer being a ‘tactical’ move for costs protection in its successful $14.8 million claim against a Sydney property developer. 

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Pelvic mesh law firm can’t recover $32M in interest on loan to fund class action
Class Actions 2023-08-03 11:22 am By Cindy Cameronne

Shine Lawyers has lost its bid to recover $32 million in interest on a loan it took out to run two pelvic mesh class actions against Johnson & Johnson, with a judge finding it would make a “marginal settlement less than reasonable”.

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UbiPark wins claim of unjustified litigation threats by patent owner
Intellectual Property 2023-08-03 3:11 pm By Christine Caulfield

After winning a rare injunction restraining the owners of a patent from threatening litigation, carparking technology company UbiPark has prevailed in its claim the threats — aimed at itself and its customers — were unjustified.

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Lawyer’s notes of meeting with expert ordinarily privileged, appeals court finds
Appeals 2023-08-03 10:49 pm By Sam Matthews

A solicitor’s notes of a meeting with an expert do not fall under an exception to legal professional privilege, an appeals court has found.

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Resort not vicariously liable for actions of urinating employee, High Court says
High Court 2023-08-02 10:14 pm By Cat Fredenburgh

The High Court has found a Whitsundays resort is not vicariously liable for the actions of an employee who urinated on his roommate in staff accommodation after a night of drinking, finding the act had “no real connection” to his employment.

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Judge approves ANZ class action settlement, signs off on ATE insurance cost
Financial Services 2023-08-02 11:16 pm By Christine Caulfield

ANZ’s $47 million settlement of a class action over its consumer credit insurance has been given the nod by a judge, who has also approved recovery of the cost of after-the-event insurance held by the law firm running the case.

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Judge pushes off dispute over Melissa Caddick’s $12,000 Dior sneakers
Restructuring & Insolvency 2023-08-02 10:40 pm By Sam Matthews

The judge overseeing the receivership of Melissa Caddick’s estate has pushed off a dispute about a collection of sneakers held by the deceased fraudster’s teenaged son, including one pair that could be worth up to $12,000.

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