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Ex-Dick Smith CEO should be liable for approving $28.5M in dividends, appeals court told
Restructuring & Insolvency 2022-05-30 9:30 pm By Cindy Cameronne

The former CEO of failed electronics retailer Dick Smith should be held responsible for approving two dividend payments worth $28.5 million which the company could not afford to pay given it owed millions in unpaid bank loans and supplier debts, an appeals court has heard. 

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Max Twigg can’t escape ruling he made off with family fortune
Appeals 2022-05-04 9:13 pm By Sam Matthews

Max Twigg, race car driver and former owner of the famous Byron Bay Hotel, has lost an appeal of a judge’s finding that he misappropriated around $100 million in family trust money and took steps to conceal the transfer of funds from his mother.

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Crown’s $125M class action settlement wins court approval but no CFO for funder
Class Actions 2022-04-29 1:12 pm By Christine Caulfield

A judge has signed off on a $125 million settlement to resolve a shareholder class action against Crown Resorts over disclosures relating to its Chinese gambling operations, but has shaved $1 million from the funder’s proposed commission.

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Deep sleep therapy case re-awakened as Full Court grants appeal
Defamation 2022-04-29 10:19 am By Cindy Cameronne

Two psychiatrists who administered the controversial deep sleep therapy at the Chelmsford Private Hospital in the 1970s have won a Full Federal Court appeal in their defamation cases against publisher HarperCollins, with one of the cases being sent back for a re-trial.

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US shareholders ask court to reject $31M payout for Crown class action funder
Class Actions 2022-04-28 9:35 pm By Christine Caulfield

US institutional shareholders who joined a class action against Crown Resorts that settled on the eve of trial for $125 million are urging the Federal Court to slash the funder’s commission by $4.65 million.

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Top silk had to take Christian Porter brief under cab rank rule, court hears
Legal Ethics 2022-04-20 8:29 pm By Cindy Cameronne

Former attorney-general Christian Porter has told the Full Court that silk Sue Chrysanthou had to act for him in his defamation action against the ABC over an article airing historical rape allegations, saying she could not refuse the brief simply because a friend of his rape accuser “wishes him ill”.

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High Court restores $435,000 award to sex offences prosecutor diagnosed with PTSD
Employment 2022-04-13 4:04 pm By Miklos Bolza

The High Court has reinstated a $435,000 judgment awarded to a former lawyer who suffered post-traumatic stress disorder while working for the Special Sexual Offences unit in Victoria’s Office of Public Prosecutions.

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Nurofen maker Reckitt-Benckiser loses High Court appeal bid in Maxigesic feud
Competition & Consumer Protection 2022-04-07 1:54 pm By Christine Caulfield

The High Court has rejected a special leave application by consumer goods giant Reckitt-Benckiser in its long-running battle with the maker of painkiller Maxigesic.

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High Court deals blow to trust beneficiaries in victory for ATO
Tax 2022-04-06 5:43 pm By Cindy Cameronne

The ATO has won a legal challenge over when it can claim tax from trust income, with the High Court finding beneficiaries cannot “retrospectively expunge” their entitlements to the proceeds of a trust despite the potential “unfairness” this creates.

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J&J won’t contest follow-on pelvic mesh class action
Product Liability 2022-04-04 5:15 pm By Cat Fredenburgh

An additional 1,200 women who were implanted with defective pelvic mesh devices will be eligible for compensation after Johnson & Johnson unit Ethicon agreed that findings in an earlier class action which it unsuccessfully fought all the way to the High Court should apply to a follow-on class action.

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