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Lawyer’s defamation case fails serious harm test, judge finds
Defamation 2023-09-13 4:24 pm By Cindy Cameronne

A judge has dismissed a Sydney lawyer’s defamation case over an AI-generated story that accused her of trying to defraud $16,000 from David Jones, saying she had admitted to deceitful acts and had not suffered serious harm. 

ASIC seeks ‘re-run’ of trial against James Mawhinney, court told
Angel Aleksov 2023-08-31 3:23 pm By Cindy Cameronne

ASIC wants to re-run its case against investment group M101 Nominees and founder James Mawhinney after admitting it made errors at its initial trial, arguing for new fines and disqualification orders on remittal by the Full Court, a judge has heard.

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Energy Beverages wins fight over Kangaroo Mother trade mark
Appeals 2023-08-24 11:54 pm By Christine Caulfield

The maker of Mother energy drinks has won an appeal of an IP Australia decision, succeeding in its bid to prevent a Victoria-based company from registering Kangaroo Mother as a trade mark for beverages.

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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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7-Eleven class action funder disputes ‘strong reasons’ for denying CFO
Appeals 2023-06-21 4:07 pm By Christine Caulfield

A litigation funder whose cut of a $98 million settlement in franchise class actions against 7-Eleven was slashed in half is challenging a judge’s finding that “strong reasons” exist to refuse it a common fund order.

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Liquidators removed for $69M demand against Billi directors
Carrie Rome-Sievers 2023-06-19 4:53 pm By Christine Caulfield

A judge has removed two liquidators as administrators of a defunct company after finding they abused the court’s processes by demanding $69 million in damages from the directors of water filtration business Billi.

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Peter V’landys’ appeal flops in defamation case over ABC racehorse cruelty report
Anais d'Arville 2023-05-26 10:54 am By Sam Matthews

Racing NSW CEO Peter V’landys AM has failed to revive his defamation case against the ABC over a 7:30 segment that revealed racehorses were being killed in violation of industry rules, despite the appeals court noting that the report “treated him very shabbily” and “was not high quality journalism.”

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‘Not fit for purpose’: Court’s remarks on serious harm test show flaws in defamation law
Analysis 2023-05-12 4:14 pm By Cindy Cameronne

A recent decision by the Federal Court that questioned whether the introduction of a serious harm test in defamation law could infringe the Judiciary Act has shone a light on the need for a federal defamation framework, legal experts say. 

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7-Eleven class action judge OKs $2.25M in costs of settlement approval argument
Ahmed Rizk 2023-05-11 3:04 pm By Cindy Cameronne

A judge overseeing two 7-Eleven class actions has signed off on $2.25 million in costs incurred by the funder and lawyers in their pitched battle to win approval for the terms of a $98 million settlement, which included deductions of more than $44 million to cover commission and fees.

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Judge says ‘serious harm’ test in defamation law could violate Judiciary Act
Defamation 2023-05-10 3:06 pm By Cindy Cameronne

A judge has questioned whether recent changes to defamation law requiring courts to determine if a publication has caused serious harm ahead of trial are invalid because of possible inconsistency with the Federal Court’s case management rules.

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