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UFG to pay $5M for misleading gym franchisees about ‘near valueless’ businesses
Competition & Consumer Protection 2023-05-16 4:24 pm By Cindy Cameronne

The company behind the Ultimate Fighting Championship gym franchise has been ordered to pay $5 million to three franchisees after a judge found it misled them about businesses which were “near valueless” and unlikely to make profit. 

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In decades-long fight over coal seam gas fields, Tri-Star loses referee bid
Adam Pomerenke 2023-05-16 3:55 pm By Cindy Cameronne

Texas oil giant Tri-Star has lost its bid for a referral in a dispute with natural gas exporter Australia Pacific LNG over several coal seam gas fields in Queensland and $7.6 billion in share acquisitions.

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Ex-commando slams ABC’s ‘nonsensical’ argument against damages in defamation case
ABC 2023-05-16 1:20 pm By Cindy Cameronne

Former Army major Heston Russell has panned the ABC’s argument that it is not liable to pay damages in his defamation case because he identified himself and was given an opportunity to respond to stories that suggested he was involved in murdering an Afghan prisoner.

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NextEra sues Spain in Australia to enforce $472M arbitration award
Arbitration 2023-05-15 4:12 pm By Cindy Cameronne

A Dutch renewable energy company has brought proceedings in the Federal Court to enforce a $472 million arbitration award against Spain over changes to its energy policies, after the country lost a similar case in the High Court. 

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PFAS class action settles for $132.7M on eve of trial
Catherine Gleeson 2023-05-15 10:44 am By Cindy Cameronne

One of the two remaining class actions against the Department of Defence over the use of alleged toxic firefighting foam at military bases across the country has settled for $132.7 million on the eve of trial, with the final case going back to mediation.

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‘Not fit for purpose’: Court’s remarks on serious harm test show flaws in defamation law
Analysis 2023-05-12 4:14 pm By Cindy Cameronne

A recent decision by the Federal Court that questioned whether the introduction of a serious harm test in defamation law could infringe the Judiciary Act has shone a light on the need for a federal defamation framework, legal experts say. 

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Judge asks if he must ‘second guess’ legal advice in Linchpin class action
Assembly Law 2023-05-12 3:54 pm By Cindy Cameronne

A judge overseeing an investor class action over the collapse of advisory firm Linchpin Capital has questioned whether he has to “effectively second guess” a law firm’s advice given to group members about a partial settlement. 

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Insurance Australia agrees to $40M penalty in ‘very serious’ case over unpaid discounts
ASIC 2023-05-11 4:57 pm By Cindy Cameronne

Insurance Australia has agreed to pay a $40 million penalty in a case by the Australian Securities and Investments Commission alleging it short-changed NRMA customers a staggering $60 million in promised loyalty discounts. 

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7-Eleven class action judge OKs $2.25M in costs of settlement approval argument
Ahmed Rizk 2023-05-11 3:04 pm By Cindy Cameronne

A judge overseeing two 7-Eleven class actions has signed off on $2.25 million in costs incurred by the funder and lawyers in their pitched battle to win approval for the terms of a $98 million settlement, which included deductions of more than $44 million to cover commission and fees.

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Judge says ‘serious harm’ test in defamation law could violate Judiciary Act
Defamation 2023-05-10 3:06 pm By Cindy Cameronne

A judge has questioned whether recent changes to defamation law requiring courts to determine if a publication has caused serious harm ahead of trial are invalid because of possible inconsistency with the Federal Court’s case management rules.

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