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ASIC can’t seek penalties against M101 founder James Mawhinney
Financial Services 2023-10-25 9:10 pm By Sam Matthews

A judge has blocked ASIC from running a new case seeking penalties against investment group M101 Nominees and founder James Mawhinney on remittal from the Full Court, after the regulator admitted it made errors at its initial trial.

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Live exports ban class action may face more delays as Full Court hearing flagged
Class Actions 2023-10-18 11:46 pm By Sam Matthews

A judge has balked at the court being asked to examine the internal workings of the Indonesian government in the nine-year old live exports ban class action, flagging a possible Full Court hearing of the matter before damages are finalised.

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Hotel quarantine class action argues for second-highest GCO
COVID-19 2023-10-13 11:27 pm By Sam Matthews

A law firm behind a class action against the state of Victoria over the COVID-19 hotel quarantine fiasco is seeking what would be the second highest contingency fee rate for running the case, saying the percentage was justified given the complexity of the novel claims.

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Ben Roberts-Smith to pay $1M in security in defamation appeal
Appeals 2023-10-10 10:53 pm By Cat Fredenburgh

Former SAS corporal Ben Roberts-Smith has been ordered pay $910,000 in security for costs as he appeals a defamation ruling that found he committed murder in Afghanistan and was not a reliable witness. 

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Seven, Kerry Stokes’ privacy should be ‘respected’ in Ben Roberts-Smith case, says judge
Defamation 2023-09-28 3:04 pm By Cindy Cameronne

In allowing Seven and chairman Kerry Stokes to challenge a ruling granting Fairfax access to 8,600 emails with accused war criminal Ben Roberts-Smith’s legal team, a judge has said they will suffer prejudice if “personally embarrassing” communications are put into evidence. 

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Seven can challenge production of emails in Ben Roberts-Smith case
Defamation 2023-09-25 10:00 pm By Cat Fredenburgh

Seven Network and chairman Kerry Stokes can challenge a ruling allowing Fairfax to access thousands of “deeply personal” emails sent to and from former soldier Ben Roberts-Smith during his defamation case.

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Seven says subpoenas in Ben Roberts-Smith case would reveal ‘deeply personal’ emails
Defamation 2023-09-22 11:55 pm By Sam Matthews

Subpoenas granting Fairfax access to thousands of emails to and from former soldier Ben Roberts-Smith, represent “a very real and profound intrusion into private affairs,” a court has heard.

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Breast implant class action trial date set over ‘loud protest’
Personal injury 2023-09-21 12:10 pm By Sam Matthews

A class action against a group of surgeons who worked for The Cosmetic Institute over allegedly incompetent breast augmentation procedures has been set down for trial over the “loud protest” of the defendants, with a judge choosing to accommodate the plaintiff’s no win, no fee counsel team. 

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Serious harm question won’t be heard first in defamation case over ‘cyberslaves’ doco
Defamation 2023-09-19 2:40 pm By Sam Matthews

The publishers of The Australian and Al Jazeera have failed to persuade a judge to hold a preliminary hearing on the question of whether the nephew of the former prime minister of Cambodia suffered serious harm as a result of publications he says painted him as a criminal.

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High Court to hear appeal of ACCC’s unconscionable conduct win against college
Competition & Consumer Protection 2023-09-15 4:54 pm By Cindy Cameronne

The High Court has granted defunct online educator Captain Cook College special leave to appeal a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, who accrued $60 million in debt but never finished their courses. 

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