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Daily Telegraph defeats defamation appeal of John Ibrahim’s son
Dauid Sibtain 2023-07-25 11:01 pm By Gareth Baker

An appeals court has dismissed the appeal of Daniel Taylor, son of notorious former Kings Cross nightclub owner John Ibrahim, seeking to revive defamation claims over a 2019 article in The Sunday Telegraph which he claimed suggested he was a mobster. 

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Oil spill class action firm wins settlement hearing fees, including bill for tax advice
Allens 2023-07-25 5:38 pm By Christine Caulfield

Despite a judge’s complaint that class action costs are generally “out of control”, the law firm that secured a $192.5 million settlement and earned about $25 million in fees in the Montara oil spill case has won approval for more fees — these ones incurred in a hearing to determine how the settlement spoils should be divided.

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Arrium lenders file High Court challenge over directors’ loan drawdowns
Amy Munro 2023-07-25 3:58 pm By Cindy Cameronne

Commonwealth Bank and other lenders of Arrium have filed for special leave to appeal to the High Court after losing their latest bid to make two directors liable for allegedly misleading them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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Peter van Onselen hit with Ten’s costs after losing contract case
Andrew Gotting 2023-07-24 11:50 pm By Cat Fredenburgh

A judge has hit former Network Ten political editor Peter van Onselen with costs, after finding he breached a non-disparagement clause in an agreement with the broadcaster by criticising his old employer in an article written for The Australian.

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Shine’s bid for $32M in loan interest raises ‘never seen before’ conflicts: judge
Alec Leopold 2023-07-24 10:08 pm By Cindy Cameronne

Shine Lawyers’ bid to recoup “exorbitant” interest on a loan it took out to run pelvic mesh class actions against Johnson & Johnson has raised new ethical dilemmas beyond the usual “sweaty palms and huge vexation” in most group proceedings, a judge has said.

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Uber class actions win orders barring unregistered group members from settlement
Alexia Staker 2023-07-24 5:30 pm By Christine Caulfield

Uber and the applicants in class actions against the car service will head into mediation later this year, and only group members who sign up to join the cases will get a chance to share in the proceeds of any settlement that results from the talks.

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Saddled with resigning judge’s unfinished case, colleague spares no feelings
Amy Campbell 2023-07-21 11:28 pm By Christine Caulfield

A judge has resigned before delivering judgment in litigation that went to trial in 2020, and the colleague assigned the unenviable task of issuing a ruling has taken a swipe at his departing peer, noting the absence of medical or other evidence to explain her “unwillingness” to see the case through.

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Judge orders ‘soft’ class closure in flex commissions class actions
Catherine Hamilton-Jewell 2023-07-21 10:53 pm By Cindy Cameronne

Westpac, Macquarie and ANZ have won soft class closure orders ahead of mediation in three class actions over flexible commissions schemes after a judge found they will improve the chances of settlement.  In a judgment handed down on Thursday, Victoria Supreme Court Justice Lisa Nichols ordered that group members have to formally register in the…

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Court throws out decision on nuclear waste facility location
Australian Government Solicitor 2023-07-21 10:25 pm By Gareth Baker

A court has set aside former Federal Minister for Resources Keith Pitt’s decision to develop a nuclear waste facility in Napandee in South Australia’s Eyre Peninsula, saying a fair-minded observer may have perceived that Pitt was biased in selecting the site over two other proposed locations. 

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Fairfax wants Seven, Herbert Smith Freehills emails in Ben Roberts-Smith case
Addisons 2023-07-21 2:11 pm By Cindy Cameronne

Seven Network and law firms Herbert Smith Freehills and Addisons are fighting Fairfax’s bid for communications relating to Ben Roberts-Smith’s unsuccessful defamation case, as the publisher seeks its significant defence costs. 

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