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Winery enters liquidation after $352,000 fine for Penfolds trade mark infringement
Herbert Smith Freehills 2019-08-16 8:08 pm By Miklos Bolza Sydney

An Adelaide-based wine exporter which was fined $352,000 for infringing three trade marks of a Treasury Wine Estates unit has been ordered into liquidation by the Victorian Supreme Court.

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‘This pleading is a mess’: Judge slams liquidators’ case against Forge directors and auditors
Anne Horvath 2019-08-16 4:11 pm By Amelia Birnie Sydney

A judge has sent insolvency firm Ferrier Hodgson back to the drawing board to redraft its pleadings against the former directors and auditors of collapsed construction company Forge Group, warning that the overlapping actions were at risk of becoming an “unrideable bull”.

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ACCC raises concerns over Emergent, Oxford cold storage deal
Competition & Consumer Protection 2019-08-15 10:46 pm By Christine Caulfield Melbourne

US cold storage giant Emergent Cold’s proposed takeover of rival Australian company AB Oxford faces scrutiny by the competition regulator, which has raised preliminary concerns that the deal would hike up prices and bring down service.

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Fairfax appeals $280K Chau Chak Wing defamation judgment, says journo didn’t lie
Appeals 2019-08-15 10:27 pm By Miklos Bolza Sydney

Fairfax Media has challenged a judge’s “gravely serious” suggestion that one of its journalists lied about a confidential source, during the first day of a two-day appeal hearing over a $280,000 defamation judgment awarded to Chinese-Australian businessman Chau Chak Wing.

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Two firms, one funder out after judge consolidates RCR Tomlinson class actions
Class Actions 2019-08-15 10:01 pm By Amelia Birnie Sydney

Law firm Quinn Emanuel Urquhart & Sullivan will push forward with an investor class action against failed engineering company RCR Tomlinson on its own, with two firms driving competing actions agreeing to step down after a judge forcibly consolidated all three proceedings.

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Samsung challenges $138M arbitration award in Roy Hill mine dispute
Arbitration 2019-08-15 9:28 pm By Miklos Bolza Sydney

South Korea’s Samsung C&T Corporation has launched two bids in Singapore to set aside a US$94 million (AU$138 million) award relating to its dispute with Spanish energy company Duro Felguera over the Pilbara-based Roy Hill iron ore mine.

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‘This game is over’: judge ready to toss Iluka class action over ongoing funding dramas
ACA Lawyers 2019-08-15 3:45 pm By Amelia Birnie Sydney

The applicants in the Iluka Resources shareholder class action have less than a week to lock-in a $1.25 million security for costs, after the judge overseeing the case asked if he was allowed to dismiss proceedings himself following six months of being “very patient” about ongoing funding dramas.

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A2 files another court challenge after ‘a2 milk’ trade mark rejected
Baker McKenzie 2019-08-15 3:41 pm By Cat Fredenburgh Melbourne

The a2 Milk Company has launched a second court challenge in as many months to a ruling from IP Australia, after rival Lion Dairy successfully opposed its bid to trade mark the phrase a2 milk.

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Barclays, other banks in forex cartel class action must produce US case docs
Allen & Overy 2019-08-15 3:36 pm By Christine Caulfield Melbourne

A judge has ordered a group of banks facing a competition class action over alleged foreign exchange rate-rigging to hand over documents they produced as part of settlement agreements in class actions in the US and Canada.

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Hytera can’t blame Motorola for not alerting it to source code theft sooner
Herbert Smith Freehills 2019-08-14 10:58 pm By Cat Fredenburgh Melbourne

Hytera can’t point the finger at Motorola for not alerting it to the alleged theft of the US telco’s source code by former employees sooner, as the first phase of the high stakes, high intrigue IP trial draws to a close.

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