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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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Uber wins strike-out application in test case over classification of drivers
Employment 2023-02-08 10:40 pm By Sam Matthews

Uber has won a strike-out bid in a lawsuit by drivers challenging their classification as independent contractors, with a judge finding the pleading was “self-evidently, uncommonly and irretrievably deficient.”

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Law firms pounce on Star Entertainment as fourth class action filed
Class Actions 2023-02-07 12:17 pm By Cindy Cameronne

A four-way fight to lead a shareholder class action against Star Entertainment could be on the cards after a fourth law firm filed a representative proceeding alleging the company’s share price plummeted following revelations of alleged money-laundering breaches.

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In loss for Raw C maker, judge finds rival’s blue packaging not misleading
Food and Beverage 2023-02-07 12:21 pm By Sam Matthews

A judge has thrown out a lawsuit by the maker of Raw C coconut water alleging a rival’s coconut water featuring a similar aqua blue packaging with images of palm fronds would confuse consumers.

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Star Entertainment hit with third shareholder class action
Class Actions 2023-02-06 9:15 pm By Cat Fredenburgh

Star Entertainment is facing a third shareholder class action alleging it failed to disclose material information about its compliance with anti-money laundering and counter-terrorism financing regulations, after being slapped with $200 million in fines by state gambling regulators.

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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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United Petroleum hit with franchisee class action over ‘unprofitable’ Pie Face stores
Class Actions 2023-02-02 10:21 pm By Cat Fredenburgh

United Petroleum has been hit with a class action on behalf of franchisees who allege they suffered loss when the petrol giant installed loss-making Pie Face stores at its franchise sites.

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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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Judge asks GetSwift GC why he didn’t call out directors for being ‘bullies’
Securities 2023-01-31 8:05 pm By Cindy Cameronne

A judge has grilled the former general counsel of defunct logistics company GetSwift about why he did not confront the company’s directors for “bullying” other executives when they raised concerns about alleged continuous disclosure breaches.

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