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‘Journalism under attack’: Nine to deploy public interest defence in surgeon’s defamation case
Defamation 2023-02-14 11:31 pm By Christine Caulfield

Facing defamation claims by well-known surgeon Dr Munjed Al Muderis, Nine will call at least 27 witnesses and argue for the public interest of its coverage of allegations by patients of inadequate post-surgery care, a court has heard.

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‘Distinctly bizarre’: Costs, commission send lead applicant packing in oil spill class action
Agriculture 2023-02-14 10:40 pm By Sam Matthews Melbourne

The law firm running the Montara oil spill class action, which has settled for $192.5 million, is looking for a new lead applicant after the first one defected over concerns group members would lose half the settlement amount to legal costs and a funding commission.

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Asset Energy wins review of Morrison’s denial of oil exploration licence
Australian Government Solicitor 2023-02-14 10:34 pm By Sam Matthews Melbourne

Asset Energy has won Federal Court review of former Prime Minister Scott Morrison’s decision not to grant a two-year extension of a controversial offshore exploration license, after the government conceded that Morrison’s decision was “infected by apprehended bias.”

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Novel ‘solicitors’ CFO to be sought in Blue Sky class actions
Arnold Bloch Leibler 2023-02-14 5:34 pm By Sam Matthews Melbourne

The applicants in a consolidated investor class action against Blue Sky Alternative Investments and auditor EY will be applying for a so-called solicitors common fund order, and will move to transfer the case to the contingency-fee friendly Victoria Supreme Court if the groundbreaking application fails.

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KPMG class action applicants might bring CFO question to a head
Banton Group 2023-02-14 4:54 pm By Christine Caulfield

The applicants in a shareholder class action against KPMG and former directors of defunct mining company CuDeco might press for clarity on the question of common fund orders in light of a ruling Tuesday morning that further split the Federal Court on the issue.

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7-Eleven class action judge says CFOs never available, slashes funder’s payout
7-Eleven 2023-02-14 10:30 am By Cindy Cameronne Sydney

The High Court killed off all common fund orders, not just the kind sought at the start of a class action, a judge has said as he cut in half the payout for a litigation funder bankrolling two franchisee class actions against 7-Eleven.

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Clive Palmer drops appeal of climate change decision blocking Queensland coalmine
Alexander Law 2023-02-13 11:49 pm By Christine Caulfield

Clive Palmer’s Waratah Coal has abandoned a challenge to a ruling that ended its plan for a coalmine in central Queensland on the grounds that the project would contribute to “foreseeable and preventable life terminating harm”.

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Full Court finds Illinois Tool Works fuel cell patent infringed
Appeals 2023-02-13 10:14 pm By Sam Matthews Melbourne

US tool giant Illinois Tool Works has defeated an appeal to a ruling that found Australian tool company Airco infringed it patent for a fuel cell designed for use in combustion tools.

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Protester’s challenge to COVID-19 lockdown fails on appeal
Alistair Pound 2023-02-13 12:57 pm By Cindy Cameronne Sydney

An anti-lockdown protester has lost her appeal of a decision dismissing her legal challenge to Victoria’s stay-at-home orders, with an appeals court finding the reduction in risk to public health “outweighed” impacts on freedom of speech.

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Bruce Lehrmann was identifiable as alleged rapist, defamation cases say
Defamation 2023-02-10 11:36 pm By Christine Caulfield

Former Liberal staffer Bruce Lehrmann was reasonably identifiable as Brittany Higgins’ alleged rapist in an interview aired on Ten’s The Project and articles published by News Corp Australia, according to court documents in defamation cases against the media companies.

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