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Court finds Atlas liquidators entitled to view Ashurst advice
Construction 2019-12-02 3:16 pm By Miklos Bolza Sydney

The liquidators of Atlas Construction have won access to advice supplied by law firm Ashurst as they pursue examination proceedings against two of the company’s former directors.

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Sydney lawyer on the hook for ‘actively concealing’ Peter Foster’s sports betting scam
ACCC 2019-12-02 11:43 am By Miklos Bolza Sydney

Investors who sank $12.3 million into a fraudulent sports betting scheme run by convicted conman Peter Foster lost money because a Sydney lawyer failed to come forward with the truth, a judge has found.

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Bendigo and Adelaide Bank appeals loss of 20-year-old trade mark
Allens 2019-11-29 11:09 pm By Christine Caulfield Melbourne

Arguing the court was wrong to rule that its trade mark was not inherently distinctive, Bendigo and Adelaide Bank is challenging a judgment that revoked its 20-year-old mark for ‘Community Bank’.

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Judge in toxic foam class action says court not a ‘supplicant’ of the Commonwealth
Australian Government Solicitor 2019-11-29 10:59 pm By Miklos Bolza Sydney

The Federal Court judge overseeing three class actions against the Commonwealth of Australia over allegedly toxic firefighting foam has criticised the government’s handling of the case, saying the court did not have to ask permission for how to run the proceedings.

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Optus hit with $6.4M fine for misleading NBN email
ACCC 2019-11-29 10:24 pm By Cat Fredenburgh Melbourne

A Federal Court judge has slapped Optus with a $6.4 million penalty for sending a misleading email to 138,988 mobile customers informing them their broadband service would be disconnected soon, just two days after the telecommunications giant copped a $1.5 million penalty for similar conduct.

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Hytera can argue Motorola should have alerted it to stolen IP sooner, Full Court says
Angus Lang 2019-11-29 2:26 pm By Cat Fredenburgh Melbourne

The Full Federal Court has handed a win to Hytera in its high-stakes intellectual property litigation with Motorola, allowing the Chinese radio manufacturer to file an amended defence arguing Motorola should have alerted it to the alleged theft of its source code by former employees sooner.

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Ernst & Young denies it was negligent in goodwill review of Slater & Gordon’s Quindell deal
Class Actions 2019-11-29 1:50 pm By Christine Caulfield Melbourne

Accounting giant Ernst & Young, which has been dragged into two class actions by Slater & Gordon shareholders, has shot back at claims it was negligent in its 2015 audit report of the law firm’s UK division, which included a review of the firm’s disastrous acquisition of Quindell’s professional services arm that found no impairment on the goodwill value of the deal.

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Bondi Beach bar sues Aristocrat Technologies over ‘defective’ gaming machines
Aristocrat Technologies 2019-11-29 1:04 pm By Cat Fredenburgh Melbourne

A trendy Bondi Beach bar has dragged Aristocrat Technologies to court for allegedly selling it defective gaming machines that repeatedly froze when customers tried to use them.

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Dam operators found negligent in Queensland floods class actions
Adam Pomerenke 2019-11-29 11:41 am By Miklos Bolza Sydney

The NSW Supreme Court has ruled against the operators of two Queensland dams as well as the state government, finding they were vicariously liable for the negligence of flood engineers in the 2011 Southeast Queensland floods that destroyed over 2,000 homes.

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Competition watchdog keeps up fight for lower access fees at Port of Newcastle
Competition & Consumer Protection 2019-11-28 9:46 pm By Miklos Bolza Sydney

The ACCC has taken its long-running battle over access fees at the Port of Newcastle to the Federal Court, challenging a re-arbitration decision that overturned its finding that the fees should be cut by 20 per cent.

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