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Judge says liquidator can be paid ahead of preferred creditors
Ben Katekar 2023-04-17 11:15 pm By Sam Matthews Melbourne

In a novel decision, a judge has found that a liquidator is entitled to claim his “arguably disproportionate” costs ahead of the preferred claims of company employees.

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In loss for Haymarket builder, appeals court says new defect claims not new cause of action
Acting Justice Carolyn Simpson 2023-04-17 10:25 pm By Sam Matthews Melbourne

The builder of an allegedly defective Haymarket apartment building has lost an appeal of a decision which found that separate breaches of statutory building warranties do not create individual causes of action.

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$50M settlement approved in NT Stolen Generation class action
Alexander Edwards 2023-04-17 4:35 pm By Cindy Cameronne Sydney

A judge has approved a $50.45 million settlement in a class action by family members and deceased estates of the Northern Territory Stolen Generations. He has also approved a 13 per cent funding commission by way of a common fund order, saying debates about CFOs had become “lost in the label”.

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Vittoria can’t transfer IP spat over Moccona instant coffee jar
Benjamin Cameron 2023-04-17 4:11 pm By Christine Caulfield

Coffee brand Vittoria can’t transfer a case over the trade mark for rival Moccona’s instant coffee jar from one Federal Court registry to another, with a judge reminding the company that the court was “well into the 21st century” and could livestream hearings without the need for interstate travel.

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Directed Electronics appeals partial loss in case over ‘reprehensible’ trade secrets theft
Adrian Ryan 2023-04-14 11:38 pm By Christine Caulfield

Car electronics company Directed Electronics has challenged a ruling that partially dismissed its case over the alleged misappropriation of trade secrets by a former manager, who was found to have pocketed $3.6 million in commissions through a secret agreement with rival Hanhwa.

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‘You are not working at RMIT’: Art school dean fired over Instagram for taking leave, suit says
Education 2023-04-14 11:07 pm By Cindy Cameronne Sydney

The former dean of art school LCI Melbourne is seeking over $860,000 in compensation in a case alleging she was unfairly sacked via Instagram direct message because she took paid annual leave during “the most important term of the year”.

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Forex broker representative loses challenge to ASIC expert opinion
ASIC 2023-04-14 4:35 pm By Cindy Cameronne Sydney

The authorised representative of forex broker Union Standard can’t exclude parts of an opinion by an ASIC-appointed expert in a case alleging it traded in margin products with Chinese clients despite knowing it was illegal under Chinese law.

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‘Too simplistic’: Judges’ support for disclaimer challenged in class action’s High Court appeal
Agriculture 2023-04-13 11:57 pm By Christine Caulfield

The farmers leading a class action against Advanta Seeds over contaminated product has brought their case to the High Court, challenging an appeals court’s holding that a disclaimer nullified the company’s duty to protect growers against economic loss.

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High Court snubs Sunwater in appeal over coverage for $440M floods settlement
Allens 2023-04-13 2:15 pm By Cat Fredenburgh

The High Court has rejected dam services provider Sunwater’s request that it weigh in on a dispute over insurance coverage for a $440 million class action settlement with victims of the 2010-2011 floods in Queensland.

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Architecture firm to pay $975,000 for attempting to rig bids on $250M university project
ACCC 2023-04-13 1:52 pm By Sam Matthews Melbourne

Award-wining architecture firm Ashton Raggatt McDougall and its former boss have agreed to pay a combined $975,000 in penalties for attempting to rig bids on a $250 million building project at Charles Darwin University.

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