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High Court to weigh in on peak indebtedness rule in win for Gunns liquidators
Restructuring & Insolvency 2022-03-25 5:44 pm By Miklos Bolza

The High Court will clarify the so-called peak indebtedness rule used by liquidators recouping payments to unsecured creditors, granting a special leave application brought by the liquidators of collapsed forestry giant Gunns Group.

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Law firm must pay former high earner ‘fruits of his victory’ pending appeal
Appeals 2022-03-24 1:43 pm By Cindy Cameronne

A Melbourne law firm has lost its bid to delay payment of a $184,000 judgment to a former junior lawyer who earned hundreds of thousands of dollars per year under a lucrative pay structure.

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WA Attorney General says he made ‘mistakes’ under oath in Clive Palmer trial
Defamation 2022-03-24 10:21 pm By Christine Caulfield

WA Attorney-General John Quigley wants a second go at his trial testimony in a defamation case brought by mining magnate Clive Palmer, admitting he made “mistakes” while giving evidence in the witness box.

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High Court to hear Spain’s sovereign immunity claims in $375M arbitration dispute
High Court 2022-03-23 10:23 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether an Australian court’s recognition of a $375 million international arbitration award against the kingdom of Spain violated the sovereign immunity doctrine.

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Court appoints contradictor in class action funder’s challenge to MIS rules
Class Actions 2022-03-22 3:59 pm By Miklos Bolza

The Full Federal Court has appointed a contradictor to “take up the cudgels” against funder Litigation Capital Management, which has challenged a judgment refusing to find that a class action filed against Queensland electricity operators was not a managed investment scheme.

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Google should pay aggravated damages for video ‘abuse’ of Barilaro’s lawyers, court hears
Defamation 2022-03-22 9:17 pm By Sam Matthews

Counsel for John Barilaro on Tuesday detailed the online abuse his lawyers faced in acting in a defamation suit over videos posted by commentator Jordan Shanks, as the court heard YouTube owner Google has abandoned its last line of defence in the case.

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Barilaro considered self-harm over ‘vile’ smear campaign aided by Google, trial told
Trials 2022-03-21 9:37 pm By Sam Matthews

Former deputy premier of NSW John Barilaro considered “harming himself” after videos were posted by YouTuber Jordan Shanks as part of a “vile and particularly racist smear campaign” facilitated by Google, a court has heard.

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Full Court deals drug companies a blow on patent term extensions
Intellectual Property 2022-03-18 10:27 pm By Miklos Bolza

The Full Court has upheld two judgments that shortened patent term extensions granted to Merck Sharpe & Dohme and Ono Pharmaceuticals, finding the extension regime cannot be construed as achieving a “commercial outcome for a patentee”.

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Climate change appeal decision: End of the road for novel duty of care?
Expert Insights 2022-03-18 2:11 pm By Editor

The Full Federal Court was emphatic in its decision that the environment minister does not owe a duty of care to Australian children to shield them from climate change harm, but there is no doubt the law will be put to the test again soon, says Corrs Chambers Westgarth’s Louise Camenzuli, Julia Green and Max Newman.

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Fitness chain F45 tries to revive patents for computerised workout system
Intellectual Property 2022-03-16 5:29 pm By Sam Matthews

National fitness chain F45 has appealed a court decision revoking two of its patents for a computer-run trainer workout system, arguing its system constituted a technological innovation in the field of fitness studio franchising which rival Body Fit has profited from.

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