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Roberts-Smith wants judge to recuse himself from deciding if OSI can see evidence
Arthur Moses 2023-08-07 1:03 pm By Cindy Cameronne Sydney

Ben Roberts-Smith has argued a judge should recuse himself from deciding if the Office of the Special Investigator can access his defamation court file, arguing the public might think he was biased and wanted to “further” his findings that the former SAS corporal committed war crimes.  In a case management hearing on Monday, Arthur Moses…

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HWL Ebsworth can’t point finger at client to reduce liability for negligence
Automotive 2023-08-04 11:21 pm By Sam Matthews Melbourne

A judge has ruled that HWL Ebsworth’s negligent advice over property in Paramatta’s ‘Auto Alley’ cost a client $2 million, rejecting the firm’s plea of contributory negligence against the owner.

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Deloitte’s $2.5M bill in CBA class action holds up settlement approval
CBA 2023-08-04 2:08 pm By Sam Matthews Melbourne

A judge asked to approve a $50 million settlement in a consumer credit insurance class action against the Commonwealth Bank has questioned a $2.5 million deduction for professional services firm Deloitte.

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Judge asks if class action firm’s uncertain GCO back-up plan ‘artificial’
Class Actions 2023-08-04 3:40 pm By Cindy Cameronne Sydney

A judge overseeing a class action against Suncorp subsidiary AAI has questioned whether the “uncertain” plan B of a law firm seeking a 25 per cent group costs order was artificially uncertain to increase the relative appeal of its contingency fee bid.

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Pelvic mesh law firm can’t recover $32M in interest on loan to fund class action
Alec Leopold 2023-08-03 11:22 am By Cindy Cameronne Sydney

Shine Lawyers has lost its bid to recover $32 million in interest on a loan it took out to run two pelvic mesh class actions against Johnson & Johnson, with a judge finding it would make a “marginal settlement less than reasonable”.

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Crumbs! Kraft loses opposition to Mars patent for chocolate flavour
Ben Fitzpatrick 2023-08-03 11:13 pm By Cat Fredenburgh

An IP Australia delegate has shot down Kraft’s opposition to a Mars patent for a less costly method for producing the distinct creaminess and flavour of crumb chocolate.

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White collar penalties set to jump after High Court’s foreign bribery ruling
Appeals 2023-08-02 1:24 pm By Christine Caulfield

Companies could be on the hook for higher penalties for foreign bribery and other white collar offences after a High Court majority on Wednesday found a $1.35 million bribery penalty imposed on engineering firm Jacobs Group was inadequate.

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Resort not vicariously liable for actions of urinating employee, High Court says
Appeals 2023-08-02 10:14 pm By Cat Fredenburgh

The High Court has found a Whitsundays resort is not vicariously liable for the actions of an employee who urinated on his roommate in staff accommodation after a night of drinking, finding the act had “no real connection” to his employment.

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Judge approves ANZ class action settlement, signs off on ATE insurance cost
ANZ 2023-08-02 11:16 pm By Christine Caulfield

ANZ’s $47 million settlement of a class action over its consumer credit insurance has been given the nod by a judge, who has also approved recovery of the cost of after-the-event insurance held by the law firm running the case.

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Lead plaintiff in class action settles claim against General Motors
Andrew McRobert 2023-08-02 10:04 pm By Sam Matthews Melbourne

The lead plaintiff in a class action by dealers over a decision to retire the Holden brand has settled its claim with General Motors, but is set to remain as the lead plaintiff in the case.

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