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HSF, Seven can’t set aside Nine’s subpoenas in Ben Roberts-Smith case
Addisons 2023-07-05 11:42 pm By Sam Matthews

Seven and law firm Herbert Smith Freehills have lost a bid to set aside subpoenas issued by Fairfax, as the publisher seeks third party costs orders against Seven for funding disgraced soldier Ben Roberts-Smith’s unsuccessful defamation case.

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Irritated judge pushes off 2nd junior doctors class action trial
Class Actions 2023-07-05 4:35 pm By Sam Matthews

A judge has adjourned a trial in a case brought by junior doctors seeking to recoup alleged unpaid overtime, despite noting his annoyance over the applicants’ “180 degree turn” on the question of whether the hearing should await delivery of judgment in a related case.

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Ralan liquidators win OK to pursue sales agent, ATO in $18M litigation
Construction 2023-07-04 5:03 pm By Sam Matthews

The liquidators of construction giant Ralan have been given the go-ahead to pursue a former sales manager and his wife as well as the ATO with claims worth over $18 million, with a judge finding the collapsed company operated “a type of Ponzi scheme”.

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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Allens 2023-07-04 4:19 pm By Sam Matthews

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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GetSwift boss still can’t be found, court hears in lawsuit brought by co-founder
Financial Services 2023-07-04 2:23 am By Sam Matthews

GetSwift director Joel Macdonald still has not been served almost a year after his former Melbourne Demons teammate James Strauss filed a $15 million lawsuit against him, with a judge adjourning yet another substituted service application.

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Lighthouse largely fails to keep evidence under wraps in $328M dispute with East Timor
Alan Herskope 2023-07-03 10:22 pm By Sam Matthews

Oil company Lighthouse Corporation has lost its bid to force East Timor to jump through hoops to access a suite of documents in a $328 million dispute over a failed fuel supply agreement, but has succeeded in keeping the documents out of public hands amid fears by its director for his safety.

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JWS lures partner from Jones Day for disputes and insolvency team
Business of Law 2023-07-03 9:36 pm By Sam Matthews

Johnson Winter Slattery has nabbed a Jones Day partner to work coast to coast at its Brisbane and Perth offices, bolstering the ranks of its disputes and insolvency team.

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In class action defence, Optus says data breach victims not entitled to damages
Ashurst 2023-07-03 5:07 pm By Sam Matthews

Optus has denied class action claims that customers suffered loss and damages for its alleged negligence in relation to last year’s massive data breach and argues they are not entitled to compensation for distress, frustration or disappointment that does not amount to a recognised psychiatric illness.

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Subpoenas need only seek relevant, not case-advancing, info: appeals court
ATO 2023-06-30 4:07 pm By Sam Matthews

A self-represented litigant locked in a legal battle with the ATO and Commonwealth Director of Public Prosecutions has won an appeal of a decision that set aside nine subpoenas she issued, including one to the Assistant Director of the CDPP, with the appeals court finding that the relevance of the evidence sought was enough to satisfy the application.

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Judge wants more evidence for law firm’s 30% cut in IAG class action
Adam Hochroth 2023-06-30 3:40 pm By Sam Matthews

A judge overseeing a shareholder class action against Insurance Australia Group says more evidence is needed to back the applicant’s bid for an order giving lawyers 30 per cent of any recoveries.

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