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High Court guts peak indebtedness rule in loss for Gunns creditor
High Court 2023-02-08 4:23 pm By Cindy Cameronne

Liquidators for collapsed forestry giant Gunns Plantations have lost a High Court appeal over $1.2 million in payments to a former supplier that confirmed the so-called peak indebtedness rule does not apply in Australian insolvency law.

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ASIC says James Mawhinney’s defamation case doesn’t clear ‘serious harm’ bar
Defamation 2023-02-06 4:57 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has hit back at a defamation suit by Mayfair 101 founder James Mawhinney over a media release, saying it doesn’t meet the new ‘serious harm’ threshold for defamation matters.

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Forge Group defeats challenge to insider trading case over $187M sale
Appeals 2023-02-02 5:54 pm By Cindy Cameronne

Collapsed engineering firm Forge Group has defeated an appeal seeking to block its liquidators from bringing a case against engineering company Clough Limited for alleged insider trading during the 2013 sale of a $187 million stake in the company.

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Class action funder’s son drops appeal of ruling linking him to Banksia scam
Class Actions 2023-02-01 4:59 pm By Christine Caulfield

The son of the lawyer behind the Banksia Securities class action has effectively abandoned his appeal of a court judgment that found he knowingly and actively assisted his father in a fraudulent scheme to pocket almost $20 million in inflated fees and commission.

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Carwoola bushfire class action claims exempt under insurance policy: appeals court
Class Actions 2023-01-24 11:32 pm By Sam Matthews

An appeals court has upheld a finding that an unsuccessful class action over the Carwoola bushfire was not entitled to recovery from the insurers of the plumbing company that sparked the blaze.

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Sleeping Virgin flight attendant’s dismissal not unfair, FWC finds
Aviation 2023-01-24 5:08 pm By Cindy Cameronne

A full bench of the Fair Work Commission has overturned a ruling that a Virgin Australia flight attendant was unfairly sacked, finding she breached the airlineā€™s policies by sleeping on the job and stashing snacks in her crew bag.

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Ex-Norton Rose manager drops appeal against managers in bullying case
Employment 2023-01-24 1:17 pm By Cat Fredenburgh

A former Norton Rose Fulbright digital marketing manager has dropped her appeal of dismissed claims against two of the firmā€™s human resources managers in a case alleging she was fired after she complained of bullying and sex discrimination by her supervisor.Ā 

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Qantas tells High Court it can’t be liable for thwarting ground crew’s future rights
Employment 2023-01-23 10:24 pm By Sam Matthews

Qantas was entitled to take adverse action against ground crew to stave off the possibility of future industrial action, the airline has told the High Court in an appeal of a finding that it breached the Fair Work Act when it outsourced the crew’s work during the height of the COVID-19 pandemic.

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From $2.8M win to just $6,000, Microsoft’s case against computer retailer crashes to earth
Intellectual Property 2023-01-16 1:35 pm By Sam Matthews

Microsoft has won a pittance for copyright infringement but copped a ā€œsubstantial costs orderā€ in its six-year-old intellectual property suit against a Melbourne computer retailer over its Windows 7 software, which previously netted the Silicon Valley giant a $2.8 million payout from Judge Sandy Street that was slammed as a “regrettable” judicial failure.

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Applicant wants do-over in failed Zoetis horse vaccine class action
Appeals 2023-01-10 4:38 pm By Cat Fredenburgh

The applicant who lost a class action against animal health giant Zoetis over alleged side effects resulting from its Hendra virus horse vaccine has filed an appeal, arguing the judge should have found the vaccine was not of acceptable quality.

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