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Full Federal Court rejects US exception to privilege against self incrimination
Andrew McRobert 2019-11-05 3:33 pm By Cat Fredenburgh

The sole director and shareholder of OE Solutions can challenge a ruling ordering him to hand over seized documents to Australian automotive electronics developer Directed Electronics OE, with the Full Federal Court declining to adopt US precedent that carves out an exception to the privilege against self-incrimination for corporate custodians.

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‘Time for commercial reality to bite’: Judge orders class closure in Takata air bags class actions
Allens 2019-11-01 3:30 pm By Cat Fredenburgh

The judge overseeing seven class actions against some of the world’s largest car makers over defective Takata airbags has ordered that class closure take place in advance of mediation, saying it was “time…for commercial reality to bite”.

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Kmart pockets win over streetwear company in cargo pants IP dispute
Allens 2019-10-16 10:39 pm By Cat Fredenburgh

Kmart has defeated claims by a streetwear company that the retail giant infringed the copyright for its cargo pants and shorts designs.

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Insurer QBE claims Opal Tower cracking not ‘major’
Barry Nilsson Lawyers 2019-10-10 4:33 pm By Amelia Birnie

QBE Underwriting has defended its decision to deny insurance coverage to the builder of Sydney’s troubled Opal Tower development, claiming the cracking was not “major” and did not cause last year’s Christmas Eve evacuation.

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NAB to face $1.2M unconscionable conduct claim by Victorian property developer
Associate Justice Melissa Daly 2019-10-03 11:46 am By Miklos Bolza

A court has thrown out a breach of contract claim brought by two subsidiaries of property developer Minster Group against National Australia Bank, but found the bank must face a $1.2 million unconscionability claim over allegedly excessive fees.

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Ex-Macquarie advisers want to broaden $2.6M unpaid wages case
Bilal Rauf 2019-09-25 4:09 pm By Miklos Bolza

Fifteen former Macquarie Bank financial advisers are looking to expand their $2.6 million wages case against the bank, seeking evidence around allegedly unreasonable and unlawful deductions from their commissions.

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Octaviar liquidators get court OK to reject proofs of $900M in debt by subsidiaries
Brian O'Donnell 2019-09-24 9:18 pm By Christine Caulfield

The liquidators of failed Gold Coast investment group Octaviar have been given the thumbs up to reject over $900 million in proofs of debt from two of the firm’s subsidiaries after the Queensland Supreme Court ruled they had received competent legal advice on the matter and were justified in the rejections.

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Judge frowns on ‘moronic approach’ to group member sign-up in Takata class actions
Allens 2019-09-05 9:59 pm By Miklos Bolza

The judge overseeing a group of class actions against car manufacturers over faulty Takata airbags has questioned a simplified group registration and opt out process proposed by the law firm leading the cases, saying it would “invite a moronic approach” to sign up.

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Cross-border cooperation: Federal Court considers ‘classic candidate’ for coordination with High Court of New Zealand
Expert Insights 2019-09-02 10:09 pm By Editor

A recent Federal Court decision means cooperation between courts in different international jurisdictions, which would once have been regarded as entirely novel, may now be a welcome option for liquidators to achieve a more efficient liquidation of insolvent corporate groups, writes K&L Gates’ Jason Opperman, Katherine Smith and Catherine Crawford.

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Judge says ASIC should have brought Murray Goulburn bosses to court ‘a long time ago’
Agriculture 2019-08-02 11:59 pm By Christine Caulfield

A judge on Friday asked the corporate regulator why it delayed action against former Murray Goulburn managing director Gary Helou and CFO Bradley Hingle until two years’ after the consumer watchdog brought its case against the pair.

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