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Bushfire class action applicant dodges security for costs bid by wealthy SA family
Class Actions 2023-02-08 11:50 pm By Christine Caulfield

The family of late pastoralist Thomas Brinkworth can’t get security for costs from a landowner bringing a bushfire class action in South Australia, with a court ruling security was unnecessary under the class action rules in the state, which can bind all group members to an adverse costs order.

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WA government takes early swing at Banksia Hill class action
Class Actions 2023-02-08 4:45 pm By Sam Matthews

The Western Australia government has foreshadowed a strike-out application just one month after being hit with a class action on behalf of detainees in the state’s detention centres.

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Gunns Plantations class action against KPMG settles with ex-Tasmanian Premier
Class Actions 2023-02-08 3:54 pm By Cindy Cameronne

A class action against KPMG over the failure of six managed investment schemes for eucalyptus wood in Tasmania has settled its claims against former Tasmanian Premier Robin Gray.

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Barrister loses costs review after fee estimate blows out by 480%
Business of Law 2023-02-07 5:34 pm By Cindy Cameronne

A Sydney barrister who charged $349,360 after giving an estimate of $60,000 for work on a bankruptcy case has lost his bid for a costs review after his fee was slashed, with a judge finding his client could not make an informed choice about her representation.

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Nuix ex-CEO loses $180M case over options agreement
Corporate 2023-02-07 10:12 am By Cindy Cameronne

Nuix has defeated a lawsuit by ex-CEO Edward Sheehy alleging he was owed $183 million in options under a 2008 agreement, with a judge finding the options could only be exercised if the company was sold.

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‘Replete with errors’: Fairfax ordered to pay PNG minister $545,000, as judge rails against AFR reporters
Defamation 2023-02-07 4:49 pm By Sam Matthews

Nine-owned Fairfax Media has been ordered to pay a $545,000 to a Papua New Guinea politician who sued the publisher for defamation over a series of articles published in the Australian Financial Review, which a judge found were “replete with errors and misrepresentations.”

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In loss for Raw C maker, judge finds rival’s blue packaging not misleading
Food and Beverage 2023-02-07 12:21 pm By Sam Matthews

A judge has thrown out a lawsuit by the maker of Raw C coconut water alleging a rival’s coconut water featuring a similar aqua blue packaging with images of palm fronds would confuse consumers.

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Arnold Bloch Leibler defeats negligence case over handling of Ken Talbot’s estate
Professional Negligence 2023-02-06 4:56 pm By Cindy Cameronne

The widow of mining executive Ken Talbot has lost a case alleging law firms Arnold Bloch Leibler and Boyd Legal mishandled her late husband’s estate after a judge found she had a “stated intention to destroy” the estate lawyer.

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Google ‘negligent’ in process of removing defamatory links, court finds
Defamation 2023-02-06 11:15 pm By Christine Caulfield

Google was negligent and acted unreasonably in “doggedly” insisting that an Adelaide woman who complained about defamatory links on its search engine provide full URLs before the links were removed, a court has found.

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ASIC says James Mawhinney’s defamation case doesn’t clear ‘serious harm’ bar
Defamation 2023-02-06 4:57 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has hit back at a defamation suit by Mayfair 101 founder James Mawhinney over a media release, saying it doesn’t meet the new ‘serious harm’ threshold for defamation matters.

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