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Viterra says others lied about malt quality, judge wants to know who
Corporate 2018-12-14 10:31 pm By Cat Fredenburgh

Viterra can amend its defence mid-trial in its dispute with Cargill over the $420 sale of its Joe White malt business to argue it was standard industry practice to fudge test results relating to malt quality, provided it identifies which industry players engaged in the practice.

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Judge sidesteps recusal bid in Norton Rose spat with ex-partner
Competition & Consumer Protection 2018-12-13 10:24 pm By Christine Caulfield

A judge facing calls to recuse himself from a dispute between law firm Norton Rose Fulbright and a dismissed employment partner has avoided hearing the disqualification application, with the case being allocated to another judge.

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ASIC suffers another loss in Westpac dodgy home loan case
Financial Services 2018-12-11 11:14 pm By Christine Caulfield

The Australian Securities and Investments Commission has lost a bid to have the Federal Court decide a threshold legal question in its dodgy home loan case against Westpac, which is going to trial after a $35 million settlement got the thumbs down.

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D’Aquino Bros says it can prove its Scotch Whisky is the real deal
Ed Heerey 2018-12-10 9:01 pm By Christine Caulfield

Defending against a fourth trade mark infringement lawsuit by the UK’s Scotch Whisky Association, Australian liquor retailer D’Aquino Bros has told a court all of its Scotch Whisky was distilled in Scotland, and it has the paperwork to prove it.

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After settlement rejected, ASIC takes Westpac case to trial
Financial Services 2018-12-10 1:59 pm By Miklos Bolza

The corporate cop’s case against Westpac over allegedly irresponsible lending practices will go to trial after the Federal Court rejected the bank’s $35 million settlement.

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Hastie liquidators offer to settle with builders over $124M in unpaid bills
Baker McKenzie 2018-12-07 7:58 pm By Christine Caulfield

Hastie Group’s liquidators have offered to drop their $124 million case against two dozen major builders if the companies agree to pay an undisclosed sum toward their unpaid bills, a court heard Friday.

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Glencore in-house counsel wins access to ‘highly confidential’ deal docs, again
Agriculture 2018-12-06 10:39 pm By Cat Fredenburgh

The judge overseeing a fraudulent concealment trial over Cargill’s $420 million purchase of the Joe White malt business has reaffirmed an earlier ruling allowing an in-house counsel at Glencore to access documents related to the possible sale of Cargill’s malting business.

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ASIC filing puts spotlight on ANZ treasurer in $2.5B capital raising case
Allens 2018-12-05 10:50 pm By Christine Caulfield

ANZ treasurer Rick Moscati was at the centre of a flurry of phone calls and meetings with underwriters and other bank executives on the day the underwriters agreed to pick up a $791 million shortfall in a $2.5 billion capital raising, an agreement which has led to groundbreaking cases by two regulators, according to a new court document.

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Queensland flood class can add evidence after ‘trial by ambush’
Class Actions 2018-12-04 1:37 pm By Cat Fredenburgh

A judge overseeing the marathon hearing in the class action over the 2011 Queensland floods has allowed the lead applicant to submit further evidence after it claimed defendant Seqwater engaged in “trial by ambush”.

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Sandoz infringed expired Lexapro patent, judge rules
Corrs Chambers Westgarth 2018-11-29 1:48 pm By Christine Caulfield

Generic drug maker Sandoz has been found liable for patent infringement and misleading and deceptive conduct in a case by pharmaceutical giant Lundbeck over its blockbuster antidepressant Lexapro, ending a battle that has raged for 15 years.

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