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Full Court orders rehearing in Erin Molan defamation case
Appeals 2023-03-06 6:30 pm By Sam Matthews Melbourne

The Full Federal Court has set aside a $150,000 defamation judgment for sports presenter Erin Molan and remitted the matter for a new trial, after finding a judge failed to properly consider publisher the Daily Mail’s defence of contextual truth.

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PNG minister’s defamation award cut after ‘regrettable’ error by judge
Banki Haddock Fiora 2023-03-06 5:52 pm By Sam Matthews Melbourne

A judge has shaved $80,000 off the damages recently awarded to a Papua New Guinea politician who sued Fairfax Media over a series of articles published in the Australian Financial Review, after finding she wrongly discounted a mitigation defence by the publisher.

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7-Eleven class action funder to appeal denial of CFO
7-Eleven 2023-03-06 4:52 pm By Sam Matthews Melbourne

A judge has approved a $12 million payment to the funder of two franchisee class actions against 7-Eleven, even as the funder plans to appeal a decision rejecting its bid for a common fund order for a $24.5 million commission.

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Firm’s contingency fee re-do wins over judge in class actions against banks
ANZ 2023-03-03 5:50 pm By Cindy Cameronne Sydney

A law firm has won its second bid for a group costs order in three class actions against banks over flexible commission schemes after a judge in 2021 rejected what was then the first-ever application for a contingency fee.

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‘It should not happen’: AAT panned for verbatim copying of winning side’s arguments
Appeals 2023-03-02 11:36 pm By Christine Caulfield

A decision by the Administrative Appeals Tribunal that reproduced almost entirely verbatim and without attribution the submissions of the prevailing party as its own reasons damages the public’s trust in the AAT and must be overturned, a court has ruled.

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Daily Mail says Erin Molan’s ‘egregious conduct’ warrants reversal of $150,000 damages award
Appeals 2023-03-02 11:20 pm By Sam Matthews Melbourne

The Daily Mail has argued that Nine sports presenter Erin Molan should be stripped of a $150,000 defamation damages award because of her history of “seriously egregious conduct” on 2GB’s Continuous Call Team radio show.

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Gunns class action settles with KPMG, former directors
Accounting 2023-03-02 10:57 pm By Cindy Cameronne Sydney

A class action against KPMG and nine former Gunns Plantations directors over the failure of six managed investment schemes for eucalyptus wood in Tasmania has settled for a confidential amount, with a judge poised to approve the deal.

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Advanta beats back appeal in contaminated seeds class action
Agriculture 2023-02-28 9:55 pm By Sam Matthews Sydney

Advanta Seeds has won an appeal upholding the dismissal of a class action by sorghum farmers over allegedly contaminated seeds, with a court finding that the seed producer’s duty of care was negated by clear disclaimers.

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Funder’s $7M cut in Fonterra class action up in the air amid CFO uncertainty
Adley Burstyner 2023-02-28 8:47 pm By Sam Matthews Melbourne

A judge has indicated his willingness to approve a $25 million settlement in a class action against dairy co-op Fonterra, but deferred the question of the funder’s cut until after the Full Court rules on whether the court has the power to make a common fund order at settlement.

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Nine defeats strike-out bid in defamation suit over ‘internet trolls’ broadcast
Associate Justice Melissa Daly 2023-02-27 10:39 pm By Cindy Cameronne Sydney

Nine has defeated a bid to strike out its truth defences in a defamation case by a Melbourne hairdresser alleging a segment on ‘A Current Affair’ about ‘internet trolls’ and subsequent comments on the program’s Facebook page defamed her.

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