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Full Court ‘compelled’ to find class closure judgment ‘plainly wrong’
Boral 2022-03-28 11:06 am By Miklos Bolza

The Full Federal Court has found that a landmark NSW Court of Appeal decision barring group members from being notified of future class closure orders at settlement was “plainly wrong” and that the court has the power to make the orders.

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Macquarie a ‘knowing participant’ in Connective shareholder oppression, court says
Allens 2022-03-28 8:57 pm By Miklos Bolza

Two directors of mortgage aggregator Connective engaged in oppressive conduct towards a minority shareholder and Macquarie Bank was a “knowing participant” when it acquired $5 million worth of shares in the company, the NSW Supreme Court has found.

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AG John Quigley to return to witness box in Clive Palmer defamation trial
Barry Dean 2022-03-28 10:09 pm By Christine Caulfield

Hoping to correct “mistakes” in his testimony in the trial of Clive Palmer’s defamation case, Western Australia Attorney-General John Quigley will get the chance to amend his evidence as a witness for state premier Mark McGowan next month.

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Novartis challenges loss of experts in spat with Pharmacor over generic Gilenya
Appeals 2022-03-28 3:25 pm By Christine Caulfield

Novartis wants to appeal a ruling in its dispute with generic drug maker Pharmacor over patents for its multiple sclerosis drug Gilenya that tossed three of its four experts out of an upcoming so-called hot tub.

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‘No launch, no loss’: Judge questions damages claim in Uniden design patent feud
Angus Lang 2022-03-28 12:13 pm By Sam Matthews

A judge has questioned GME’s pursuit of additional damages in its intellectual property lawsuit against Japan’s Uniden that alleges the upcoming launch by the wireless communication giant of two new CB radio products amounts to infringement of its design patent. 

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JD Group wins stay of damages for couple ‘misled’ over $10M luxury digs
Competition & Consumer Protection 2022-03-28 5:55 pm By Christine Caulfield

Damages owed to a millionaire couple by JD Group over a “deliberately misleading” rendering of a $9.58 million apartment in South Yarra, Melbourne will be put on ice pending the outcome of the property developer’s appeal.

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PwC can’t claim privilege over all advice to JBS, judge finds
Accounting 2022-03-25 10:57 am By Miklos Bolza

A judge has rejected the Australian Taxation Office’s claim that legal professional privilege does not apply to any communications between PricewaterhouseCoopers and its client, meat processor JBS, but has found that many of the reviewed documents do not satisfy the test of privilege.

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Senior partner was not negligent in rejecting $4.45M Westpac settlement, court finds
Ashley Cameron 2022-03-25 10:26 pm By Cindy Cameronne

A Sydney-based law firm and one if its senior partners has defeated lawsuits by five former clients alleging breach of duties and conflict of interest relating to a rejected $4.45 million settlement in an employment case against Westpac.

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Peters served with $12M penalty for exclusive dealing
ACCC 2022-03-25 1:51 pm By Sam Matthews

Peters Ice Cream has been hit with a $12 million penalty after admitting to entering an anti-competitive exclusive agreement for distribution of its single serve ice creams to service stations and convenience stores across Australia.

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High Court to weigh in on peak indebtedness rule in win for Gunns liquidators
Agriculture 2022-03-25 5:44 pm By Miklos Bolza

The High Court will clarify the so-called peak indebtedness rule used by liquidators recouping payments to unsecured creditors, granting a special leave application brought by the liquidators of collapsed forestry giant Gunns Group.

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