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ABC to rethink truth defence in defamation case by ex-commando Heston Russell
Defamation 2023-03-24 10:05 pm By Sam Matthews Melbourne

A judge has sent the ABC away to rethink its truth defence to claims in a case brought by former Army major Heston Russell that alleges two articles in 2021 defamed him by suggesting among other things that he was involved in murdering an Afghan prisoner.

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Judge slams ‘fishing expedition’ for AFP report in Lehrmann defamation case
Barry Dean 2023-03-23 1:46 pm By Sam Matthews Melbourne

A judge has rejected a bid by The Project presenter Lisa Wilkinson to discover a 39,000-page AFP report outlining the contents of accused rapist Bruce Lehrmann’s phone, calling it “a classic fishing expedition.”

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Firm must compete to administer $192.5M PTTEP class action settlement
Allens 2023-03-22 9:05 pm By Cat Fredenburgh

The law firm that ran a class action over the 2009 Montara oil spill must compete to administer a $192.5 million settlement, with a judge saying a tendering process is consistent with the court’s “protective and supervisory role” in managing costs deducted from class action settlements.

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‘Got any gear’: Court releases Lehrmann texts on day Higgins rape claims aired
Defamation 2023-03-17 9:22 pm By Cat Fredenburgh

Accused rapist Bruce Lehrmann texted friends “you got any gear” and “need bags” on the day former Liberal staffer Brittany Higgins went public with rape allegations on an episode of The Project.

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PFAS class action silk slams upcoming mediation as ‘solemn farce’
Catherine Gleeson 2023-03-16 9:57 pm By Cindy Cameronne Sydney

A senior barrister acting for a class action over the use of allegedly toxic firefighting foam on military bases has slammed an upcoming mediation as a “solemn farce”, as the federal government has said it will not be ready to commit to a settlement. 

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‘Up for millions’: Bruce Lehrmann faces grilling in court over texts to girlfriend
Defamation 2023-03-16 1:55 pm By Cindy Cameronne Sydney

Former Liberal staffer Bruce Lehrmann has faced cross-examination over text messages to his girlfriend in which he said he received legal advice that he could get “millions” if he filed a defamation case against Network Ten over its airing of Brittany Higgins’ rape allegations, a court has heard.

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Boston Scientific’s $105M settlement approved in pelvic mesh class action
Class Actions 2023-03-16 10:11 am By Cindy Cameronne Sydney

Boston Scientific’s $105 million settlement of a class action over its pelvic mesh devices has secured court approval, but the costs billed by the law firm running the case will face further scrutiny.

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With ‘hesitation’, judge OKs $300M settlement in J&J class actions
Alec Leopold 2023-03-16 9:54 am By Cindy Cameronne Sydney

A judge has approved a $300 million settlement in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon — the largest settlement in the history of Australian product liability group proceedings — but a $100 million deduction for legal costs has yet to get the greenlight. 

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Full Court to decide whether employment class actions ever allowed
Ashurst 2023-03-09 6:37 pm By Cindy Cameronne

The question of whether judges have the power to hear employment cases as representative proceedings is headed to the Full Court after a union raised the issue as it battles to have its underpayments case against McDonald’s run instead of a Shine Lawyers class action.

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Judge wary of Bruce Lehrmann cross-examination in limitations stoush
Barry Dean 2023-03-08 6:53 pm By Cindy Cameronne Sydney

A judge has expressed “reluctance” at a bid for accused rapist Bruce Lehrmann to face cross-examination at an upcoming hearing over whether his defamation claims against Network Ten, News Corp and two journalists should be tossed for being brought out of time.

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