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Appeal lodged in class action by cruise voyagers forced to take the bus
Competition & Consumer Protection 2022-06-24 10:18 pm By Sam Matthews

Cruise operator Scenic Tours is appealing a courtroom loss that could see it owing $25 million in damages in a class action by travelers who were promised a “once in a lifetime cruise along the grand waterways of Europe” but were instead forced to take the bus from city to city due to heavy rain and high water levels.

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ABC settles defamation suit over ‘Putin’s Patriots’
Defamation 2022-06-24 4:46 pm By Christine Caulfield

The ABC has settled a lawsuit by the head of Russian motorcycle club Night Wolves over an allegedly defamatory Four Corners report.

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Law firm scolded by judge for ‘highly unsatisfactory’ social media post in Kumova trial
Trials 2022-06-23 9:53 pm By Cindy Cameronne

A judge has pulled up a law firm over a tweet it published about defamation proceedings brought by investor Tolga Kumova, telling a barrister during the trial Thursday to counsel his instructing solicitors about the “highly unsatisfactory” social media post.

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Law firm behind ANZ, Westpac flex commission cases to try again for contingency fees
Class Actions 2022-06-23 9:18 pm By Sam Matthews

The law firm that lost the first ever application for a group costs order in class actions against ANZ and Westpac has indicated it will revive its bid, tweaking a retainer agreement with group members in hopes of winning the court’s approval this time.

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Investor Tolga Kumova admits to $4.8B valuation error in defamation row
Defamation 2022-06-23 1:44 pm By Cindy Cameronne

Former Young Rich Lister Tolga Kumova has admitted to publishing an inaccurate tweet about the value of a mineral resource owned by a zinc producer of which he was a director, agreeing at trial in his defamation case that he was off by $4.8 billion.

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Samsung hit with $14M penalty for misleading Galaxy waterproof claims
Competition & Consumer Protection 2022-06-23 1:53 pm By Cat Fredenburgh

Samsung Australia has been slapped with a $14 million penalty for running ads that misrepresented that its Galaxy smartphones could be used in pool and sea water.

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ATO takes aim at ‘reckless’ legal professional privilege claims
Legal Ethics 2022-06-22 10:25 pm By Cat Fredenburgh

The Australian Taxation Office has finalised its protocol for dealing with claims of legal professional privilege, developed in response to large companies asserting “reckless” privilege claims which the ATO says obstruct its investigations.

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Judge wants to wait on commission, costs in $20M BSA class action settlement
Class Actions 2022-06-22 12:46 pm By Cat Fredenburgh

A judge who will oversee an upcoming hearing for approval of a $20 million settlement in a class action against Optus contractor BSA has urged the parties to sever the funder’s commission and costs from the settlement to avoid delays in distribution to group members.

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Hutchinson’s ‘monstrous’ claim survives in case over $153M Port Melbourne development
Real Estate 2022-06-22 10:00 pm By Cindy Cameronne

Construction giant Hutchinson has succeeded in bringing claims against a related entity of a Port Melbourne property developer over a $153 million project after alleging the developer was a “company of straw” that had no assets.

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Woodside hit with third lawsuit over $16.5B WA natural gas project
Environment 2022-06-22 3:34 pm By Cindy Cameronne

The Australian Conservation Foundation has brought proceedings against oil and gas producer Woodside Energy, arguing its Scarborough gas project in Western Australia cannot go ahead until its climate impacts are assessed. 

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