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Mark Latham claims homophobic tweet ‘enhanced’ Sydney MP’s reputation, was ‘honest opinion’
Defamation 2023-08-08 9:08 pm By Cindy Cameronne

One Nation’s NSW leader Mark Latham has responded to a defamation case by Alex Greenwich by claiming his homophobic tweet was an honest opinion and improved, rather than damaged, the independent Sydney MP’s reputation.

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Judge warns against blanket confidentiality claims in settlement approval applications
Alan Sullivan 2023-08-08 1:41 pm By Sam Matthews

The judge asked to approve a settlement in a class action against retirement village provider Aveo has sent a shot across the bow to law firms seeking to make broad confidentiality claims over the settlement, saying such claims should be kept “to a minimum” in class actions.

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‘Plague’ of competing class actions driving new filings: report
Allens 2023-08-07 10:56 pm By Sam Matthews

Competing class actions, which a judge recently called a “plague” on the courts, are driving a rise in class actions, with new representative proceedings brought this year set to outpace last year’s filings, according to a report by law firm Allens.

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Borrowing funds to run class actions ‘not appropriate’, says expert
Analysis 2023-08-07 10:22 pm By Cindy Cameronne

Class actions throw up all manner of ethical conundrums, but a recent Federal Court decision has shined a light on the question of whether funders and law firms should take out loans to run class actions and whether they can charge the costs to group members.

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Tax Commissioner appeals Hannover Life win on tax credits
Appeals 2023-08-07 1:35 pm By Cat Fredenburgh

The Commissioner of Taxation has appealed a judgment that found reinsurer Hannover life should be allowed tax credits for GST paid on a share of its overheads, including rent and power.

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Settlement reached in bond holders class action over climate disclosures
Australian Government Solicitor 2023-08-07 1:12 pm By Sam Matthews

A class action brought on behalf of sovereign bond investors over the disclosure of climate change risks has settled with the government on terms that don’t preclude further proceedings, a court has heard.

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Roberts-Smith wants judge to recuse himself from deciding if OSI can see evidence
Arthur Moses 2023-08-07 1:03 pm By Cindy Cameronne

Ben Roberts-Smith has argued a judge should recuse himself from deciding if the Office of the Special Investigator can access his defamation court file, arguing the public might think he was biased and wanted to “further” his findings that the former SAS corporal committed war crimes.  In a case management hearing on Monday, Arthur Moses…

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HWL Ebsworth can’t point finger at client to reduce liability for negligence
Automotive 2023-08-04 11:21 pm By Sam Matthews

A judge has ruled that HWL Ebsworth’s negligent advice over property in Paramatta’s ‘Auto Alley’ cost a client $2 million, rejecting the firm’s plea of contributory negligence against the owner.

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Funder wins indemnity costs despite ‘tactical’ $2M settlement offer
Bartier Perry 2023-08-04 11:01 pm By Cat Fredenburgh

A funder has won its bid for indemnity costs following a $2 million settlement offer, despite the offer being a ‘tactical’ move for costs protection in its successful $14.8 million claim against a Sydney property developer. 

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Deloitte’s $2.5M bill in CBA class action holds up settlement approval
CBA 2023-08-04 2:08 pm By Sam Matthews

A judge asked to approve a $50 million settlement in a consumer credit insurance class action against the Commonwealth Bank has questioned a $2.5 million deduction for professional services firm Deloitte.

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