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AIG loses appeal over insolvency exclusion in Kaboko Mining D&O policy
Insurance 2019-06-14 9:13 pm By Cat Fredenburgh

AIG Australia has failed to convince the Full Federal Court that an insolvency exclusion in a directors and officers policy held by Kaboko Mining should exempt it from covering claims brought by the collapsed mining company against four former executives after a failure to repay a US$5.95 million loan allegedly led to the company’s insolvency.

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Commonwealth planning High Court appeal of Navy class action revival
Appeals 2019-06-14 1:44 pm By Miklos Bolza

The Commonwealth of Australia is preparing a special leave application to the High Court challenging a NSW Court of Appeal decision reviving a class action brought on behalf of sailors over an allegedly broken Navy training promise.

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ASIC narrowly loses High Court appeal in outback book-up case
Appeals 2019-06-12 8:53 pm By Miklos Bolza

The Australian Securities and Investments Commission has narrowly lost its High Court appeal of a ruling that found the owner of a South Australian outback general store had not acted unconscionably by selling used cars through a “book-up” system.

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Shareholder class action against Sirtex settles mid-trial
Trials 2019-06-06 10:47 pm By Christine Caulfield

Sirtex Medical has reached a mid-trial agreement to resolve a shareholder class action that centred on the biotech company’s sales forecasts of its radiation treatment.

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Kraft, Bega to go another round in epic peanut butter trade dress battle
Appeals 2019-06-06 9:13 pm By Cat Fredenburgh

The long-running dispute between Kraft Foods and Bega over who owns the rights to use the signature Kraft peanut butter trade dress in Australia is not over, with Kraft appealing a ruling that found Bega had acquired the rights to the trade dress when it purchased Kraft unit Mondelez’s Australian and New Zealand business in 2017.

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Judges shoot down last-minute bid to amend Adani native title appeal
Appeals 2019-06-05 12:12 pm By Amelia Birnie

A group of Indigenous Australians opposed to Adani’s Carmichael coal mine in Queensland have lost an eleventh hour bid to add extra grounds to their native title appeal, as they wait for a decision from the Full Federal Court.

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Ex-Hastie Services CEO says nothing ‘dodgy’ about orders to close earnings gap
White Collar 2019-06-04 10:03 pm By Miklos Bolza

The former chief executive officer of Hastie Services has admitted to asking staff to make up for a shortfall between forecast and actual profits at the firm, but claims he made the order with the expectation it would be done legally, the jury hearing a criminal case against him was told.

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Key witness in Hastie Services execs’ trial pointed the finger to save herself, jury hears
White Collar 2019-06-03 8:50 pm By Miklos Bolza

A former finance manager from Hastie Services and key witness for the prosecution in the criminal trial against two of the company’s former executives only pointed the finger at former COO Ian Thompson to avoid jail time herself, a jury has heard.

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Novartis appeals IP Australia decision invalidating MS drug patent
Intellectual Property 2019-06-03 4:11 pm By Cat Fredenburgh

Novartis has launched an appeal following a ruling by IP Australia that a proposed patent for an oral form of its top-selling multiple sclerosis drug Gilenya is invalid for lack of inventive step.

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Class action by sailors over broken Navy training contract revived on appeal
Appeals 2019-05-31 11:55 pm By Christine Caulfield

An appeals court has overturned a decision dismissing a class action on behalf of enlisted Navy sailors alleging the Commonwealth of Australian breached a contract to train them to earn engineering degrees.

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