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KPMG class action applicants might bring CFO question to a head
Class Actions 2023-02-14 4:54 pm By Christine Caulfield

The applicants in a shareholder class action against KPMG and former directors of defunct mining company CuDeco might press for clarity on the question of common fund orders in light of a ruling Tuesday morning that further split the Federal Court on the issue.

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Novel ‘solicitors’ CFO to be sought in Blue Sky class actions
Class Actions 2023-02-14 5:34 pm By Sam Matthews

The applicants in a consolidated investor class action against Blue Sky Alternative Investments and auditor EY will be applying for a so-called solicitors common fund order, and will move to transfer the case to the contingency-fee friendly Victoria Supreme Court if the groundbreaking application fails.

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‘Distinctly bizarre’: Costs, commission send lead applicant packing in oil spill class action
Class Actions 2023-02-14 10:40 pm By Sam Matthews

The law firm running the Montara oil spill class action, which has settled for $192.5 million, is looking for a new lead applicant after the first one defected over concerns group members would lose half the settlement amount to legal costs and a funding commission.

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‘Journalism under attack’: Nine to deploy public interest defence in surgeon’s defamation case
Defamation 2023-02-14 11:31 pm By Christine Caulfield

Facing defamation claims by well-known surgeon Dr Munjed Al Muderis, Nine will call at least 27 witnesses and argue for the public interest of its coverage of allegations by patients of inadequate post-surgery care, a court has heard.

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Asset Energy wins review of Morrison’s denial of oil exploration licence
Energy & Natural Resources 2023-02-14 10:34 pm By Sam Matthews

Asset Energy has won Federal Court review of former Prime Minister Scott Morrison’s decision not to grant a two-year extension of a controversial offshore exploration license, after the government conceded that Morrison’s decision was “infected by apprehended bias.”

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Protester’s challenge to COVID-19 lockdown fails on appeal
Appeals 2023-02-13 12:57 pm By Cindy Cameronne

An anti-lockdown protester has lost her appeal of a decision dismissing her legal challenge to Victoria’s stay-at-home orders, with an appeals court finding the reduction in risk to public health “outweighed” impacts on freedom of speech.

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Full Court finds Illinois Tool Works fuel cell patent infringed
Intellectual Property 2023-02-13 10:14 pm By Sam Matthews

US tool giant Illinois Tool Works has defeated an appeal to a ruling that found Australian tool company Airco infringed it patent for a fuel cell designed for use in combustion tools.

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Clive Palmer drops appeal of climate change decision blocking Queensland coalmine
Energy & Natural Resources 2023-02-13 11:49 pm By Christine Caulfield

Clive Palmer’s Waratah Coal has abandoned a challenge to a ruling that ended its plan for a coalmine in central Queensland on the grounds that the project would contribute to “foreseeable and preventable life terminating harm”.

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Tolga Kumova wins order barring Stock Swami Twitter ‘campaign’
Defamation 2023-02-10 6:48 pm By Cindy Cameronne

Mining investor Tolga Kumova has won an order banning the man behind the Twitter handle Stock Swami from publishing allegations concerning the his past actions after a judge found he was defamed by tweets accusing him of insider trading.

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Bruce Lehrmann was identifiable as alleged rapist, defamation cases say
Defamation 2023-02-10 11:36 pm By Christine Caulfield

Former Liberal staffer Bruce Lehrmann was reasonably identifiable as Brittany Higgins’ alleged rapist in an interview aired on Ten’s The Project and articles published by News Corp Australia, according to court documents in defamation cases against the media companies.

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