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Garuda may face contempt motion for ‘unthinkable’ failure to pay $19M cartel fine
Appeals 2019-07-12 9:00 pm By Miklos Bolza Sydney

Indonesian national airline Garuda faces a possible contempt motion by the competition regulator for failing to pay a $19 million court-issued fine after it was found guilty of air cargo price-fixing, a failure a judge called “almost unthinkable”.

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Judge slammed by Full Federal Court for ‘egregious departure’ from role
Appeals 2019-07-08 10:44 pm By Christine Caulfield Melbourne

The Full Federal Court has ordered a retrial in a landmark Fair Work Ombudsman case that saw the owner of a Cairns tour company sentenced to 12 months’ jail, criticizing the sentencing judge for being “sarcastic, disparaging and dismissive” of the tour operator’s evidence.

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Novartis wants to amend invalidated patent for MS drug
Appeals 2019-07-02 1:30 pm By Amelia Birnie Sydney

Novartis has applied to amend its proposed patent for an oral form of multiple sclerosis drug Gilenya, as it appeals an invalidity ruling by IP Australia for lack of inventive step.

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Garuda appeals $19M penalty for air cargo price-fixing
Appeals 2019-06-27 8:31 am By Cat Fredenburgh Melbourne

Indonesian national airline Garuda is appealing a $19 million price-fixing fine, the second largest penalty in the ACCC’s decade-long global cartel case over air cargo price-fixing.

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Mark Elliott’s firm appeals costs ruling in Treasury Wine class action
Appeals 2019-06-24 8:38 pm By Miklos Bolza Sydney

A firm owned by solicitor Mark Elliot has launched an appeal challenging costs orders made against it in a stayed class action against winemaker Treasury Wine Estates.

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Competing law firms agree to join forces in BHP class action
Appeals 2019-06-21 10:33 pm By Christine Caulfield Melbourne

Rival law firms Phi Finney McDonald and Maurice Blackburn have offered to consolidate their competing shareholder class actions against BHP after prompting by the Full Federal Court, which said Friday it approved of the plan.

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Investors can’t revive class action over Octaviar collapse
Adam Hochroth 2019-06-21 9:27 pm By Miklos Bolza Sydney

An appeals court has tossed a challenge to the dismissal of an investor class action against the Public Trustee of Queensland over a failure to predict the 2008 collapse of Gold Coast-based finance group Octaviar, finding that the class had run a case based on allegations outside of its claims.

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Employees are priority creditors of insolvent trading trustees, High Court rules
Appeals 2019-06-20 9:08 pm By Miklos Bolza Sydney

The High Court of Australia has resolved a nearly 40-year old question of whether employees of a failed company established as trustee of a trading trust have priority over ordinary unsecured creditors.

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Quinn Emanuel files appeal after losing AMP class action contest
AMP 2019-06-19 9:34 pm By Christine Caulfield Melbourne

Law firm Quinn Emanuel Urquhart & Sullivan has followed through on its threat to appeal a high stakes ruling that shut down its shareholder class action against AMP, along with two competing cases, after a two-day beauty parade that saw rival firm Maurice Blackburn take the prize.

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Former MFS boss gets 10% off penalty for $147.5M misappropriation
Appeals 2019-06-18 8:55 pm By Amelia Birnie Sydney

A court has trimmed 10% off a $300,000 penalty against the former CEO of failed Gold Coast finance company MFS Group, after he successfully argued his role in the misappropriation of $147.5 million in trust funds was not as an officer of the company.

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