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Veolia wins discovery for potential case against EnergyAustralia
Energy & Natural Resources 2023-05-11 11:05 pm By Christine Caulfield

Water services company Veolia Water Australia has won its bid for EnergyAustralia and two mining companies to hand over information about the quality of mine water they send for treatment, with a judge finding it could be “materially worse” than promised.  In a judgment handed down on Wednesday, Federal Court Justice Scott Goodman ordered EnergyAustralia…

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Judge says ‘serious harm’ test in defamation law could violate Judiciary Act
Defamation 2023-05-10 3:06 pm By Cindy Cameronne

A judge has questioned whether recent changes to defamation law requiring courts to determine if a publication has caused serious harm ahead of trial are invalid because of possible inconsistency with the Federal Court’s case management rules.

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Ex-BCEG directors claw back costs after shaving $12.5M off judgment
Construction 2023-05-04 2:43 pm By Sam Matthews

Two ex-directors of Chinese construction and engineering firm BCEG who were found to have defrauded the company have succeeded in clawing back a portion of their costs of a partially successful appeal which reduced the amount owing to their former employee by around $12.5 million.

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Atradius can’t bring late $1.5B claim over Arrium administration
Restructuring & Insolvency 2023-05-03 10:25 pm By Cindy Cameronne

Insurer Atradius has lost its bid to bring a $1.5 billion (US$1 billion) case against four KordaMentha liquidators and 60 financiers of the Arrium group alleging they failed to act under a duty of utmost good faith when agreeing on how to divvy up sale proceeds for several entities.

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GetSwift director can’t be located for service of suit by ex-Demons teammate
Securities 2023-05-02 3:23 pm By Sam Matthews

GetSwift director Joel Macdonald cannot be located for service of a $15 million lawsuit by his former Melbourne Demons teammate James Strauss, a court has heard.

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Judge throws cold water on Fairy’s ’30 Minute Miracle’ launch
Competition & Consumer Protection 2023-05-01 9:09 pm By Sam Matthews

A judge has hit the maker of Fairy dishwashing products with an interim injunction that will disrupt the launch of its 30 Minute Miracle detergent, after finding consumer claims by the maker of Finish dishwashing products had a strong prospect of success.

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Lauren Cranston jailed for eight years for Plutus tax fraud
White Collar 2023-05-01 5:45 pm By Sam Matthews

The daughter of a former ATO boss has been sentenced to eight years imprisonment over her role in an $105 million tax fraud involving payroll services company Plutus Payroll, with a judge finding she showed “no contrition” for her conduct.

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Singer Katy Perry loses trade mark stoush with Aussie designer
Intellectual Property 2023-04-27 2:44 pm By Cindy Cameronne

In what a judge has dubbed a “tale of two women, two teenage dreams and one name”, US pop star Katy Perry has lost her bid to cancel the “Katie Perry” trade mark owned by an Australian designer and has been barred her from using her stage name to market clothing merchandise. 

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Lawyer who filed defence in losing case wins appeal of personal costs order
Appeals 2023-04-27 3:13 pm By Christine Caulfield

A lawyer’s role in litigation is not to draw conclusions on the existence of facts or the outcome of a case, an appeals court has ruled in throwing out a personal costs order against a solicitor for filing a defence in a case his client ultimately lost.

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IP Australia shreds cheese makers’ opposition to ‘parmesan’ trade mark
Intellectual Property 2023-04-27 10:00 pm By Cat Fredenburgh

A consortium of parmigiano reggiano producers has lost its opposition to registration of a parmesan trade mark in Australia by an international group dedicated to protecting common names from being monopolised.

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