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High Court to weigh in on whether finger pointing allowed in arbitration
High Court 2023-05-22 1:20 pm By Sam Matthews

The High Court has agreed to weigh in on whether proportionate liability defences can be applied in the context of commercial arbitration.

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Union test case alleges John Holland blocked silica dust testing efforts
Construction 2023-05-22 10:51 pm By Sam Matthews

The Australian Workers’ Union is targeting John Holland in a new test case alleging the construction giant prevented union officials from testing the levels of dangerous silica dust at its WestConnex tunnel project in Sydney.

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DRA Global can’t suppress ‘scandalous’ details from ex-CEO’s $9M lawsuit
Employment 2023-05-22 5:53 pm By Cindy Cameronne

DRA Global has failed to keep under wraps passages from its former CEO’s lawsuit which the engineering firm argued would cause “serious reputational and commercial harm” if published.

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‘Shocked’ judge eviscerates Tyro class action settlement
Class Actions 2023-05-19 11:04 pm By Cindy Cameronne

A judge has approved a $5 million class action settlement against payment processor Tyro over a service outage but has shredded the proposed funder payout and legal fees that would have comprised 60 per cent of the sum, calling the costs “outrageous”. 

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Corrs Chambers not required to disclose involvement in drafting expert report: Full Court
Legal Ethics 2023-05-19 11:36 pm By Sam Matthews

An appeals court has said that while it might be desirable for law firms to disclose their involvement in drafting expert reports, they are not legally obligated to do so, overturning a finding that Corrs Chambers Westgarth went “far beyond the permissible scope” of involvement in a report prepared for a trade secrets case.

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‘Extraordinary unhappiness’ with $300M J&J pelvic mesh settlement, court hears
Product Liability 2023-05-19 3:08 pm By Sam Matthews

A contradictor in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon has told the court of the “extraordinary amount of group member unhappiness” following approval of a $300 million settlement – the largest in the history of Australian product liability group proceedings.

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AMP hit with $24M penalty for ‘unconscionable’ practice of charging dead customers
Financial Services 2023-05-19 12:16 pm By Christine Caulfield

A judge has ordered two AMP units to pay a total of $24 million after finding the wealth manager acted unconscionably in charging insurance premiums and advice fees to deceased customers.

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Higgins’ speech in public interest, ABC says in Lehrmann defamation suit
Defamation 2023-05-19 2:50 pm By Sam Matthews

The ABC is relying on a new statutory public interest defence in a defamation case brought by accused rapist Bruce Lehrmann over its coverage of a National Press Club speech by his accuser, former Liberal staffer Brittany Higgins.

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Nine drops truth defence in defamation case by Euro Pacific Bank chief
Defamation 2023-05-19 3:52 pm By Christine Caulfield

Nine has abandoned its truth defence in a case brought by Euro Pacific CEO Peter Schiff over a 60 Minutes report on an international tax evasion investigation, and the bank boss is entitled to judgment in his favour, a court has heard.

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MLC ordered to pay $10M penalty for ‘serious failure’
Insurance 2023-05-18 1:35 pm By Sam Matthews

A judge has ordered MLC to pay $10 million for its “serious failure” to pay life insurance benefits to customers undergoing rehabilitation, in an ASIC case that also alleged the insurer failed to promptly update medical terms in policies.

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