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New owners of Nature’s Care face Wu family’s ‘nasty surprise’
Corporate 2024-01-31 10:57 pm By Cindy Cameronne

The current owners of vitamin giant Nature’s Care have won an urgent injunction against the company’s founding family, after a judge said it appeared they were trying to regain control of the corporate group.

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Franchisee class action against Hog’s Breath Cafe thrown out
Class Actions 2024-01-30 5:25 pm By Cindy Cameronne

A judge has dismissed a franchisee class action against the Hog’s Breath Cafe restaurant chain after the lead applicants failed to hand over $1.23 million in security for costs.

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Contingent nature of deal with law firm no excuse for liquidator’s late approval bid: court
Restructuring & Insolvency 2024-01-30 11:28 pm By Cindy Cameronne

A judge has refused to retroactively approve a conditional costs agreement between a liquidator and a Sydney law firm to pursue claims against a former director and employee of defunct project management firm AJW, rejecting as misconceived the claim that approval had utility only after a settlement.

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No scope in Patents Act for holding directors jointly liable for unjustified threats: court
Intellectual Property 2024-01-29 3:33 pm By Cindy Cameronne

A letter by King & Wood Mallesons was an unjustifiable threat of patent litigation against car accessories company Clearview, as was an announcement by the firm’s client MSA, but MSA’s director cannot be held liable as a joint tortfeasor under the Patents Act, a judge has found.

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Canberra developers can’t muzzle ASIC over disqualification
Real Estate 2024-01-25 10:24 pm By Cindy Cameronne

Two former directors of a Canberra property development group have lost their bid to bar ASIC from announcing their disqualification, with a tribunal finding this would keep financiers and creditors “in the dark” and make the market less transparent.

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Employee unfairly dismissed for working from home, says FWC
Employment 2024-01-24 2:11 pm By Cindy Cameronne

An e-commerce company did not have a valid reason for dismissing an employee who worked from home on a mandatory in-office day and must pay him $26,496 in compensation, the Fair Work Commission has found.

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Thiess dodges lawsuit over $54M contract for Wheatstone natural gas project
Energy & Natural Resources 2024-01-23 2:38 pm By Cindy Cameronne

Thiess has defeated a lawsuit by a rock supplier seeking $9.3 million in damages for alleged delays by the mining services giant in receiving materials for work on Chevron’s Wheatstone natural gas hub. 

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Care A2’s $358M cross-claim a ‘new front’ in battle with Gensco, judge says
Competition & Consumer Protection 2024-01-23 2:05 pm By Cindy Cameronne

Care A2 Plus must hand over $675,000 in security for costs to pursue a $358 million cross-claim in a lawsuit by former business partner Gensco, after a judge found the infant formula company’s claims were a “counterattack”, and not merely defensive. 

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Judge discontinues council class action against insurer JLT, won’t pause clock
Class Actions 2024-01-22 11:51 pm By Cindy Cameronne

A judge has discontinued a class action by Victorian councils against insurer JLT Risk Solutions, but has departed from the decisions of two other judges by ruling the suspension of the time limit for bringing the councils’ claims will immediately be lifted. 

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CBA class action judge may weigh impact of two failed shareholder cases
Securities 2024-01-22 11:10 pm By Cindy Cameronne

Awaiting judgment in Federal Court class actions by shareholders over its money laundering risk disclosures, the Commonwealth Bank will ask the court to reopen the case to consider the relevance of two recent decisions that found shareholders in other class actions had failed to prove loss.

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