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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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Teva, Boehringer settle inhaler capsule patent dispute
Adrian Ryan 2019-06-19 2:56 pm By Miklos Bolza Sydney

Israeli drug giant Teva and German drug maker Boehringer Ingelheim have settled their dispute over a patented capsule used to deliver the medicine in Boehringer’s top-selling inhaler Spiriva.

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Royal commission class actions pile up, with more on the way
AMP 2019-06-18 2:56 pm By Christine Caulfield Melbourne

While no means a flood, the class actions filed in response to the shocking evidence of misbehaviour at last year’s banking royal commission have been steadily flowing and show no signs of drying up. Here, we give you the round-up of cases launched so far, the latest developments in each, and what’s coming down the pipeline.

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Judge has ‘real misgivings’ about security for costs bid in casual worker class actions
Adero Law 2019-06-17 10:08 pm By Miklos Bolza Sydney

A judge has baulked at an application by labour hire company Chandler Macleod and BHP unit Mt Arthur Coal seeking security for their legal costs in two casual worker class actions, saying Fair Work cases were not the same as shareholder class actions.

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Judge allows expanded insurance class action against NAB
Class Actions 2019-06-13 3:07 pm By Christine Caulfield Melbourne

A judge has granted a bid by the applicant in a class action against National Australia Bank over the sale of allegedly worthless credit card insurance to include customers who took out personal loan insurance, in a ruling that could significantly expand the case.

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NAB may face beefed up class action over ‘worthless’ insurance
Class Actions 2019-06-12 3:55 pm By Cat Fredenburgh Melbourne

Slater and Gordon is looking to significantly expand its class action against National Australia Bank over the sale of “worthless” credit card insurance to include personal loan customers who were sold allegedly unsuitable insurance policies.

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IOOF execs slam APRA for last-minute discovery as trial looms
Arnold Bloch Leibler 2019-06-06 7:47 pm By Amelia Birnie Sydney

Former executives of wealth manager IOOF facing disqualification proceedings by the Australian Prudential Regulation Authority have criticised the prudential regulator for a late and extensive discovery request, saying it could “imperil” the July trial date.

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No more shots in Russian vodka trade marks case
Cynthia Cochrane 2019-05-30 9:33 pm By Amelia Birnie Sydney

A dispute over allegedly stolen Russian vodka trade marks has been permanently stayed as an abuse of process, after the Russian Federation failed to provide adequate discovery of relevant materials.

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‘Sensible’ funder won’t stick toxic foam class with costs after last-minute common fund withdrawal
Australian Government Solicitor 2019-05-30 3:33 pm By Miklos Bolza Sydney

A judge has praised funder IMF Bentham for not seeking to recover from group members the cost of a withdrawn common fund application in one of Shine Lawyer’s toxic foam class actions, agreeing instead to cop the loss itself.

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Investors to get their day in court over Credit Suisse ‘MINI’ warrants
Alistair Pound 2019-05-29 4:01 pm By Miklos Bolza Sydney

A Federal Court judge has ruled he has jurisdication to hear a case brought by a group of investors against a unit of Credit Suisse over complex derivative products known as MINI warrants, despite the bank’s argument that the claims allege breach of contract under common law, not federal law.

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