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Judge urged to shut down ‘pseudo’ class action over climate change disclosures
Environment 2021-07-28 10:13 pm By Cindy Cameronne

A green activist who filed a group proceeding alleging the government failed to disclose the impacts of climate change to investors in sovereign bonds does not have a common interest with group members and should have her lawsuit declassed, a court has heard.

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SA Coroner gets access to confidential ABC defence docs in Porter case
Defamation 2021-07-28 5:50 pm By Christine Caulfield

Confidential portions of the ABC’s defence in the former Attorney-General Christian Porter’s defamation case can be disclosed to the South Australian State Coroner as part of his investigation into the circumstances surrounding the death of Porter’s alleged rape victim.

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Nine witness accused of lying for compensation in Ben Roberts-Smith defamation trial
Defamation 2021-07-28 2:05 pm By Miklos Bolza

A witness for two Nine-owned newspapers sued by Ben Roberts-Smith has been accused of fabricating a story that the war veteran kicked his step-uncle off a cliff before ordering him to be shot to gain compensation from the Afghanistan Independent Human Rights Commission.

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‘I didn’t come down in the last shower’: Judge criticises running of two S&P cases
Class Actions 2021-07-28 1:53 pm By Christine Caulfield

A judge has grudgingly agreed to allow a law firm to run an investor’s case against S&P Global over ratings on toxic financial products separately from a class action that makes the same claims, but was warned of the “costs consequences” of the parallel proceedings.

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NT to pay $35M to settle youth detention class action
Class Actions 2021-07-28 10:09 am By Cat Fredenburgh

The government of the Northern Territory will pay $35 million to settle a class action on behalf of 1,200 young people who allegedly suffered human rights abuses while they were in detention, including excessive force, handcuffing, strip searching and isolation in cells.

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Foreign troops were ‘infidels’, Afghan witness tells court in Ben-Roberts Smith defamation trial
Defamation 2021-07-27 7:23 pm By Cindy Cameronne

Australian soldiers who raided a village in Afghanistan were “infidels” and the people they killed were “martyrs”, an Afghan villager related to a man allegedly murdered by veteran Ben Roberts-Smith has told a court.

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ACCC appeals ruling throwing out ‘fanciful’ NSW Ports competition case
Competition & Consumer Protection 2021-07-27 7:05 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has appealed a judge’s decision throwing out its competition case over an agreement for the privatisation of two NSW ports, calling the case “a matter of significance for the Australian economy”.

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First ruling on class action firm’s contingency fee bid imminent, judge says
Class Actions 2021-08-03 3:32 pm By Cindy Cameronne

A landmark ruling on a bid for a contingency fee in a class action is close, a judge said Tuesday as she heard argument in a class action against Treasury Wine Estates on whether an opt out notice should be sent to shareholders ahead of a group costs order.

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a2 Milk urges court to register ‘slightly mysterious’ trade marks
Intellectual Property 2021-07-27 5:00 pm By Miklos Bolza

The a2 Milk Company has urged the Federal Court to allow its ‘a2 Milk’ and ‘True a2’ trade marks to be registered, arguing they’re not merely descriptive of a protein in milk.

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‘Pretty unimpressed’: Judge reluctantly puts JLT class action on hold
Class Actions 2021-07-26 10:58 pm By Cindy Cameronne

A judge has put off next month’s trial in one of two class actions brought by local councils against insurance JLT Risk Solutions over allegedly excessive premiums, but said the adjournment application would likely have failed if either side had put up a fight.

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