Ben Roberts-Smith accused of threatening ex-wife ahead of defamation trial

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Ben Roberts-Smith threatened legal action against his ex-wife, who is set to give evidence against him in an upcoming defamation trial, if she disclosed information to Fairfax’s lawyers that is subject to a confidentiality agreement, a court has heard.

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Class action accuses Hog’s Breath Café director of using franchisee funds to pay girlfriend

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Restaurant chain Hog’s Breath Café is facing a class action for allegedly misappropriating franchisee funds meant for advertising, including by paying a director’s girlfriend as a “consultant”.

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Divided appeals court says judge’s grilling of expert witness ‘quite involved’ but not excessive

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An appeals court has split on whether a judge’s grilling of an expert witness in a personal injury case was appropriate, with the dissenting judge saying the questioning — which took up more than two-thirds of the cross examination — was excesssive, and hostile in parts.

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Megasave hit with $1.9M penalty for misleading prospective franchisees

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A judge has imposed a $1.9 million penalty against Megasave Couriers after the delivery company was found to have misled franchisees with false promises of guaranteed minimum weekly payments and annual income.

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Boral class action decision forces litigation funders to retool

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As the no win, no fee model comes out on top in another high profile class action beauty contest, legal experts say third-party litigation funders will need to evolve and “fight back” to stay competitive.

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Lawyer’s meeting notes don’t belong to client, HWL Ebsworth tells court

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A junior solicitor’s meeting notes during an ASIC investigation of ANZ did not belong to her client despite the lawyer billing for her attendance at the meeting, law firm HWL Ebsworth has argued before a skeptical judge.

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Herbert Smith Freehills lawyer appointed new head of ASIC

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A Herbert Smith Freehills lawyer and former Deutsche Bank general counsel who previously led ASIC’s litigation and enforcement team has been appointed to replace the corporate regulator’s outgoing chair James Shipton.

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Group size trimmed in aged care class actions over COVID-19 outbreaks

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Staff members who worked for two Melbourne aged care providers will be removed as group members in class actions accusing the homes of negligently handling the coronavirus pandemic.

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WA premier chips away at Clive Palmer’s defence in border closure defamation case

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A judge has partially struck out mining magnate Clive Palmer’s defence to WA Premier Mark McGowan’s defamation claim over statements which allegedly accused the premier of corruption, abusing his position and lying about the decision to close the state’s borders at the height of the COVID-19 pandemic last year.

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Judge puts class action lawyers on notice to reduce costs with junior barristers

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A Federal Court judge has ordered that a referee consider how junior barristers were used in assessing the legal costs in an insurance class action against Westpac which the bank has agreed to pay up to $30 million to settle.

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