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Medibank to sue privacy commissioner over possible contempt
Alison Martyn 2023-08-31 2:48 pm By Sam Matthews

A judge has endorsed Medibank’s bid to sue the OAIC so the court can weigh in on the health insurer’s bid to halt the regulator’s investigation in favour of a class action over its October data breach, saying the OAIC’s interference with the court proceedings could constitute a contempt of court.

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Judge tosses claims in $650M dealer lawsuit against Mercedes-Benz
Automotive 2023-08-30 11:30 pm By Cat Fredenburgh

A judge has thrown out claims in a $650 million lawsuit by 38 dealers against Mercedes-Benz Australia over its decision to move to a fixed-price agency model, finding the dealers’ lawsuit sought to rewrite the terms of their agreement with the car maker on more commercially favourable terms.

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NSW to face class action over correctional officer’s abuse
Class Actions 2023-08-30 11:13 pm By Cat Fredenburgh

The state of New South Wales will face a class action on behalf of inmates of the Dillwynia Women’s Correctional Centre who were abused by former correctional officer Wayne Astill.

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Heston Russell defamation judge ‘disturbed’ by ABC press release
ABC 2023-08-30 11:13 pm By Cindy Cameronne

A judge overseeing the defamation trial of former commando Heston Russell said he was “disturbed” by an ABC press release following the broadcaster’s decision to drop its public interest defence on the eve of trial, which was reinstated days later.

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Law firm accused of ‘woefully prepared’ case dodges bid for personal costs
Anna Mitchelmore 2023-08-30 10:51 pm By Sam Matthews

A disgruntled client who accused a Sydney-based law firm of running a “woefully prepared” case has lost his appeal of a judge’s rejection of his bid for a $225,000 personal costs order against the firm.

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Government to acknowledge climate change risk in class action settlement
Australian Government Solicitor 2023-08-30 10:34 pm By Cat Fredenburgh

The government has agreed to acknowledge that climate change is a systemic risk that could affect the value of its bonds in order to resolve a class action on behalf of sovereign bond investors over its climate disclosures.

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Court awards $300,000 for wrongful imprisonment by family law judge
Australian Government Solicitor 2023-08-30 12:34 pm By Sam Matthews

A Queensland man has prevailed in his case alleging Federal Circuit and Family Court Judge Salvatore Vasta unlawfully imprisoned him for contempt after he failed to comply with an order for particulars, winning over $300,000 in damages.

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Former Greenwoods partner suffers setback in Lendlease tax dodge suit
Appeals 2023-08-30 12:19 pm By Cat Fredenburgh

The Full Court has dealt a blow to a sacked Greenwoods & Herbert Smith Freehills partner seeking $13 million in compensation from his former firm and Lendlease, finding new whistleblower protections do not apply retrospectively to cover his claims.

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‘Cavalier’ witness tanks ASIC’s long-running case against Quintis founder
ASIC 2023-08-29 11:14 pm By Christine Caulfield

The corporate regulator has lost its civil case against Frank Wilson, the founder of sandalwood oil producer Quintis, after failing to persuade the Federal Court he withheld from the board the termination of major supply contracts with a Nestle unit.

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Truth shouldn’t ‘straitjacket’ public interest defence, says judge in Heston Russell case
ABC 2023-08-29 10:16 pm By Cindy Cameronne

A judge hearing closing submissions in Heston Russell’s defamation case against the ABC has expressed “significant reservations” about evidence by the former commando and said that a “less than complete” story could still be protected under the new public interest defence.

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