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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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Judge doubts Scenic Tours’ de-classing bid in cruise class action
Class Actions 2023-03-06 6:04 pm By Cindy Cameronne Sydney

A judge has questioned a bid by cruise operator Scenic Tours to water down a class action brought over a series of European cruises that went ahead in 2018 despite a record-breaking drought that saw river levels drop so low they became impassable.

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United Petroleum franchisees can’t stay lawsuits in light of class action
Benjamin Murphy 2023-03-06 11:25 pm By Sam Matthews

A judge has declined a bid by former United Petroleum franchisees to stay two Federal Court proceedings in light of a class action against the petrol giant over the introduction of loss-making Pie Face stores, finding the suits have little in common.

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Montara oil spill class action firm, funder score half of $192.5M settlement
Agriculture 2023-03-03 11:03 pm By Christine Caulfield

A judge has largely approved the funder’s commission and legal fees to be deducted from a $192.5 million settlement of a class action against oil company PTTEP, despite the costs halving the amount to go to group members.

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Breakdown in Monique Ryan’s relationship with staffer ‘pretty stark’, judge says
Angel Aleksov 2023-03-03 6:20 pm By Sam Matthews Melbourne

A judge has questioned a bid by Independent Monique Ryan’s chief of staff Sally Rugg to keep her job until her lawsuit against the MP is resolved, as the court released documents detailing the breakdown in the working relationship between the women.

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‘Court is not a place for their sport’: Judge slams stoush between funder, class action applicant
Carl Moller 2023-03-03 9:59 pm By Cindy Cameronne Sydney

A judge has ordered a litigation funder and the lead applicant in a settled class action to personally mediate a stoush over expenses, saying he doubted the applicant’s $1.2 million claim and said the court is “not a place for their sport”.

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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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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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‘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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Ultra Tune boss seen instructing lawyer in criminal case, not incapacitated, judge says
ACCC 2023-03-02 3:23 pm By Cindy Cameronne Sydney

Ultra Tune has failed to prove its managing director is mentally incapacitated and unable to give evidence at a sentencing hearing for contempt of court after he was seen earlier this week attending a hearing in a criminal case on charges of stalking his ex-girlfriend.

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