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Canberra eyed as possible new venue for Ben Roberts-Smith’s defamation trial
Anna Mitchelmore 2021-07-23 10:53 pm By Cindy Cameronne Sydney

Canberra has been floated as a potential new venue for the trial in former SAS soldier Ben Roberts-Smith’s defamation case as Sydney’s COVID-19 outbreak worsens, but a judge has said moving the hearing created “real difficulties”.

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Google to try its hand at staying Epic Games competition suit after Apple fails
Anais d'Arville 2021-07-23 1:41 pm By Cat Fredenburgh Melbourne

Google is pressing forward with an application to stay Fortnite game maker Epic Games’ competition lawsuit over its Google Play store terms, despite the Full Court rejecting a similar move by Apple.

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Sydney man defamed by Fairfax hit-and-run story loses bid to up damages 
Acting Justice Carolyn Simpson 2021-07-22 10:24 pm By Bianca Hrovat Sydney

An appeals court  has thrown out an appeal by a Sydney man who sought greater damages for being incorrectly named in media reports as the driver in a fatal hit-and-run.

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Judge lashes Forum Finance director’s failure to comply with court orders
Allens 2021-07-22 9:57 pm By Miklos Bolza Sydney

A judge has issued an ultimatum to Forum Finance director Bill Papas for his “entirely unsatisfactory” conduct in failing to provide details of personal assets while defending three lawsuits that accuse him of being behind a $400 million fraud.

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Westpac’s profits relevant, judge says in imposing $3M fees-for-no-service penalty
Alexandra Folie 2021-07-22 9:35 pm By Christine Caulfield Melbourne

Westpac has been ordered to pay $3 million after two subsidiaries admitted misleading hundreds of superannuation customers about the financial adviser fees they were charged, a penalty that took into account the Big Four bank’s massive profits.

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Class action firm wants to intervene in FWO’s ‘entirely misconceived’ case against Woolworths
Adero Law 2021-07-22 3:46 pm By Cindy Cameronne Sydney

Employment class action law firm Adero Law is seeking to intervene in the Fair Work Ombudsman’s action against Woolworths, saying the “misconceived” proceedings have disrupted mediation in a class action against the supermarket chain for which 3,000 employees have registered.

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Amazon, eBay, Kogan in ACCC’s sights in digital platforms inquiry
ACCC 2021-07-22 10:57 am By Miklos Bolza Sydney

The ACCC will probe potential competition and consumer concerns over online retail platforms eBay, Amazon, Kogan and Catch.com.au, and has called for submissions as part of its ongoing inquiry into digital platform services.

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Judge lets two Boral class actions run, but warns about potential lawyer conflicts
Boral 2021-07-21 11:59 pm By Cat Fredenburgh Melbourne

A judge has denied a law firm’s bid to stay a rival’s closed shareholder class action against construction giant Boral but warned courts must be alive to the potential for conflicts where lawyers stand to reap “very significant financial awards” from class action proceedings.

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QBE wins appeal in Opal Tower coverage row with Icon, but no success for Liberty
Appeals 2021-07-21 6:04 pm By Miklos Bolza Sydney

The Full Federal Court has found that Liberty Mutual Insurance, but not QBE, is required to cover Icon Construction’s losses stemming from the Opal Tower disaster, which has caused the builder $31 million in losses.

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Nine wants subpoenas thrown out in Ben Roberts-Smith defamation case
Bruce McClintock 2021-07-21 3:40 pm By Cindy Cameronne Sydney

Media company Nine, which is facing defamation claims from Ben Roberts-Smith over articles accusing him of war crimes, has asked the court to set aside two subpoenas from the decorated veteran related to a woman who has accused him of domestic violence, arguing the subpoenas act as a substitute for discovery.

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