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Nine drops truth defence in defamation case by Euro Pacific Bank chief
Dauid Sibtain 2023-05-19 3:52 pm By Christine Caulfield

Nine has abandoned its truth defence in a case brought by Euro Pacific CEO Peter Schiff over a 60 Minutes report on an international tax evasion investigation, and the bank boss is entitled to judgment in his favour, a court has heard.

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‘Extraordinary unhappiness’ with $300M J&J pelvic mesh settlement, court hears
Alec Leopold 2023-05-19 3:08 pm By Sam Matthews Melbourne

A contradictor in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon has told the court of the “extraordinary amount of group member unhappiness” following approval of a $300 million settlement – the largest in the history of Australian product liability group proceedings.

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AMP hit with $24M penalty for ‘unconscionable’ practice of charging dead customers
AMP 2023-05-19 12:16 pm By Christine Caulfield

A judge has ordered two AMP units to pay a total of $24 million after finding the wealth manager acted unconscionably in charging insurance premiums and advice fees to deceased customers.

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Judge orders discovery of legal advice in spat over $45B Ichthys LNG project
Clayton Utz 2023-05-18 11:49 pm By Sam Matthews Melbourne

A judge has ordered contractor JKC Australia to hand over legal advice relating to a settlement deed it entered with Japanese oil company Inpex in 2021, as it seeks to hold Dutch paint company AkzoNobel NV responsible for its “significant” potential liability under the settlement.

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ANZ to cop penalty in ASIC case over cash advance fees
ASIC 2023-05-18 4:14 pm By Christine Caulfield

ANZ will no longer contest liability at trial in a case by the regulator over more than $10 million in cash advance fees charged to the credit card accounts of hundreds of thousands of customers.

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MLC ordered to pay $10M penalty for ‘serious failure’
Alexander Di Stefano 2023-05-18 1:35 pm By Sam Matthews Melbourne

A judge has ordered MLC to pay $10 million for its “serious failure” to pay life insurance benefits to customers undergoing rehabilitation, in an ASIC case that also alleged the insurer failed to promptly update medical terms in policies.

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‘Not motivated by access to justice’: Funder hit with indemnity costs in copyright case
CCSG Legal 2023-05-17 3:08 pm By Cindy Cameronne Sydney

A judge has ordered a litigation funder that bankrolled a photographer’s unsuccessful copyright claim against CoreLogic to pay indemnity costs to the property data analytics company, saying the funder was not “motivated by any concerns for access to justice”.

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Linchpin class action concerned about ‘authenticity’ of evidence for trial
ASIC 2023-05-17 1:33 pm By Cindy Cameronne Sydney

The applicant in an investor class action over the collapse of advisory firm Linchpin Capital and Endeavour Securities has raised concerns about the authenticity of Linchpin’s business records, which it wants to put into evidence at trial in two months.

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Tech exec subjected to DXC’s ‘unreasonable’ 7-year restraint clause wins appeal
Acting Justice Carolyn Simpson 2023-05-16 10:28 pm By Sam Matthews Melbourne

An appeals court has found a seven-year non-competition clause in US tech giant DXC Eclipse’s agreement with the former director of Melbourne software firm Sable37, which it acquired in 2018, was unreasonable.

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With no funder, Colonial class action members better off by up to $12M, court finds
Adam Hochroth 2023-05-16 4:53 pm By Christine Caulfield

Customers of wealth manager Colonial First State were $10 million to $12 million better off without a litigation funder in a class action over the slow transfer of accounts to low cost MySuper funds, a judge has found.

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