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Termite Resources directors must pay $7M for keeping insufficient cash on hand
Clayton Utz 2019-03-21 3:21 pm By Christine Caulfield Melbourne

A judge has ordered directors of collapsed mining company Termite Resources to pay $7 million in damages after finding they breached their duty by distributing more than $46 million to its parent company and failing to maintain a cash reserve of at least $10 million.

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Receivers can pay priority claims of employees directly, judge rules
Construction 2019-03-20 10:32 pm By Christine Caulfield Melbourne

Receivers, not just liquidators, can distribute assets to satisfy priority claims of an insolvent company’s employees, a judge has ruled, settling a question of law under the Corporations Act.

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Whitehaven Coal fined $38k for hazardous fumes at blast site
Ashurst 2019-03-20 9:29 pm By Miklos Bolza Sydney

Australia’s largest independent coal producer Whitehaven Coal Mining has been convicted and fined $38,500 after potentially harmful gas drifted from one of its mines across neighbouring farmland.

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Sandoz wins stay of $26.3M Lexapro judgment
Clayton Utz 2019-03-20 3:41 pm By Miklos Bolza Sydney

Generic pharmaceutical firm Sandoz has won a temporary stay of a $26.3 million judgment in a patent case as it awaits a decision by the Commissioner of Patents regarding a licence to make a cheaper version of the bestselling antidepressant Lexapro.

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Class action trial against WorleyParsons back on as new judge steps in
ACA Lawyers 2019-03-20 12:55 pm By Miklos Bolza Sydney

Trial in a shareholder class action against engineering company WorleyParsons will be heard by a new judge in late August, six months after it was unexpectedly vacated.

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ASIC wins case to wind up landbanking scheme Aviation 3030
DLA Piper 2019-03-19 11:54 pm By Christine Caulfield Melbourne

The Australian Securities and Investments Commission has won its bid to appoint liquidators to solvent landbanking company Aviation 3030, with a judge saying ASIC’s public-interest case for the scheme’s winding up was “overwhelming”.

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Bird & Bird lawyer’s communications not privileged in IP fight over Golden Girls parody
Banki Haddock Fiora 2019-03-19 10:55 pm By Cat Fredenburgh Melbourne

A judge has rejected a claim of legal privilege over emails at the centre of a copyright lawsuit over a puppet-show parody of the 80s sitcom Golden Girls, a production that has spawned legal action between the collaborators in New York and Australia.

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Judge wants four referees in toxic foam class actions
Amy Munro 2019-03-19 9:25 pm By Cat Fredenburgh Melbourne

The Chief Justice of the Federal Court wants four referees to weigh what’s expected to be voluminous expert evidence in three class actions against the Commonwealth of Australia over exposure to allegedly toxic foam used on a government military bases, saying with 60 class actions pending in the Federal Court, devoting a single judge to the case for months on end should be a “mechanism of last resort”.

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ASIC to go after GetSwift’s former general counsel
Class Actions 2019-03-19 7:59 pm By Miklos Bolza Sydney

The Australian Securities and Investments Commission wants to add GetSwift’s former inhouse lawyer as a respondent in its enforcement action against the logistics company, as debate rages over whether a class action against the company should be postponed.

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Prosecutors aim at ‘significant reduction’ in charges in Country Care cartel case
Competition & Consumer Protection 2019-03-19 2:53 pm By Miklos Bolza Sydney

The Commonwealth Department of Public Prosecutions has told the Federal Court it will “very significantly” reduce the number of criminal charges laid against mobility equipment supplier Country Care Group as the landmark cartel case heads to trial in October.

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