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AUSTRAC’s history of agreed penalties could create a moral hazard, judge says
Allens 2023-07-11 4:02 pm By Sam Matthews

The judge asked to approve a proposed $450 million penalty in AUSTRAC’s case against Crown Resorts has questioned whether the practice of regulators settling enforcement action ahead of trial gave rise to a “moral hazard” problem.

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Ben Roberts-Smith appeals after court finds he committed war crimes
Appeals 2023-07-11 3:27 pm By Cindy Cameronne

Former SAS corporal Ben Roberts-Smith has filed an appeal after he lost his defamation case against Nine-owned Fairfax in a ruling that found he committed murder in Afghanistan and was not a reliable witness. 

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Google must produce details of email sender to disendorsed Labor candidate
Defamation 2023-07-11 2:55 pm By Gareth Baker

A court has ordered Google to provide former Victorian Labor candidate Nurul Khan with account information and IP addresses relating to an anonymous email sent to the ALP last November, which led to his disendorsement by the party just two weeks before the state election. 

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Judge slams AUSTRAC’s ‘misleading’ $450M penalty deal with Crown
Allens 2023-07-10 10:02 pm By Sam Matthews

A proposed interest-free payment plan for a $450 million penalty agreed to between Crown Resorts and AUSTRAC has been questioned by a judge, who said it would have “the Commonwealth of Australia act as the Crown’s banker” for two years.

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No basis for emissions defeat claims in class action, Toyota says
Automotive 2023-07-07 4:15 pm By Gareth Baker

Toyota has denied allegations it fitted up to 500,000 diesel vehicles with engine devices designed to scam emissions tests, in a class action that could be “one of the biggest” in Australian history. 

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Missing CCTV footage from night of Brittany Higgins’ alleged rape ‘very concerning’, court told
ABC 2023-07-07 1:59 pm By Cindy Cameronne

ABC and Network Ten are “very concerned” that Parliament House claims to not have CCTV footage from the night former Liberal staffer Bruce Lehrmann allegedly raped Brittany Higgins, and have flagged an application to question a government officer over the claim.

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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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Covidien, TFS pelvic mesh class action settles with remaining defendants
AJB Stevens 2023-07-05 3:59 pm By Christine Caulfield

A class action over pelvic mesh products supplied by device makers Covidien and TFS has reached a global resolution with the manufacturers and their insurers which brings the recovery total in settled mesh class action close to $450 million.

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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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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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