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Judge lashes ACCC’s Port of Newcastle case as ‘far-fetched and fanciful’
ACCC 2021-07-20 10:54 pm By Christine Caulfield Melbourne

The ACCC’s claim that NSW Ports stymied competition when it signed a 50-year agreement with the state to be compensated if the Port of Newcastle built a container terminal was based on “mere speculative hopes”, a judge found in tossing the competition watchdog’s regulatory action.

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Government challenges ‘incoherent’ duty of care in climate change class action appeal
Appeals 2021-07-20 4:44 pm By Miklos Bolza Sydney

The Commonwealth says a landmark ruling in a class action that found it has a duty of care to protect Australian children from the effects of global warming is “incoherent” and distorts its ability to balance competing interests.

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Ben Roberts-Smith trial to resume with evidence from four Afghan witnesses
Anna Mitchelmore 2021-07-19 4:07 pm By Cindy Cameronne Sydney

Four witnesses who allegedly saw Ben Roberts-Smith kick a handcuffed man off a cliff in Afghanistan will give evidence next week in the war veteran’s defamation trial, which has been disrupted by COVID-19 restrictions in NSW.

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Noni B owner appeals ruling ordering it to hand over docs to ACMA
ACMA 2021-07-19 1:16 pm By Cat Fredenburgh

Mosaic Brands has appealed a ruling ordering it to comply with a request for documents from the Australian Communications and Media Authority over its potential violations of the Spam Act.

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IP Australia accuses judge of ‘impermissible gloss’ on patent term extension law
Appeals 2021-07-15 5:29 pm By Cindy Cameronne Sydney

IP Australia has appealed a ruling granting drug company Ono Pharmaceutical a patent extension for a cancer immunotherapy drug, calling it an “impermissible gloss” on the Patents Act that is at odds with the law’s purpose.

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AGs should get chance to intervene in Judge Vasta lawsuit ASAP, judge says
Australian Government Solicitor 2021-07-15 1:34 pm By Miklos Bolza Sydney

A Federal Court judge has said he will be “quite unimpressed” with 11th hour bids to notify state Attorneys-General of constitutional disputes in a wrongful imprisonment lawsuit against Federal Circuit Court Judge Salvatore Vasta, ordering the parties to act swiftly to let the states intervene in the case.

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Trial in Ben Roberts-Smith case may move from Sydney as COVID-19 lockdown drags on
Anna Mitchelmore 2021-07-14 10:11 pm By Cindy Cameronne Sydney

Trial in the defamation case by war veteran Ben Roberts-Smith against Nine may face additional delays or be transferred out of Sydney after the NSW Government extended the city’s COVID-19 restrictions by two weeks.

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Judge keeps climate change class action alive, as duty to children enshrined in law
Ashurst 2021-07-08 1:20 pm By Miklos Bolza Sydney

The federal Minister for the Environment has lost a bid to declass a class action brought over climate change risks from an expansion of the Whitehaven coal mine, with a judge making a declaration that the government owes a duty to all Australian children to protect them from global warming.

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CDPP sent back to the drawing board to address ‘defects’ in ANZ cartel case
ACCC 2021-07-07 6:24 pm By Miklos Bolza Sydney

A judge has ordered the Commonwealth Director of Public Prosecutions to file a replacement indictment to address defects in the document at the centre of its criminal cartel case over a $2.5 billion ANZ share placement in August 2015.

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Ben Roberts-Smith defamation trial adjourned as COVID-19 flares in NSW
Anna Mitchelmore 2021-06-29 1:35 pm By Cindy Cameronne Sydney

Trial in the defamation case by accused war criminal Ben Roberts-Smith has been adjourned for three weeks after COVID-19 restrictions prevented witnesses from travelling to Sydney and national security concerns were raised regarding Afghani witnesses set to give evidence.

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