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Appeals court clarifies peak indebtedness rule in partial win for Gunns creditor
Restructuring & Insolvency 2021-05-11 12:57 pm By Miklos Bolza

An unsecured creditor of collapsed forestry giant Gunns Group has partially succeeded on appeal of a judgment that ordered repayment of $2 million that Gunns had transferred in 2021 despite trading while insolvent.

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Vic Solar hit with $3M penalty for consumer law violations
Competition & Consumer Protection 2021-05-10 10:10 pm By Cindy Cameronne

A judge has hit solar panel supplier Vic Solar with a $3 million penalty for breaching the consumer law by making misleading representations in thousands of door-to-door sales of solar panels.

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Quintis class action settlement to drag on with insurers’ appeal
Appeals 2021-05-10 5:03 pm By Cat Fredenburgh

Two insurers have appealed a ruling that could provide a further $11.25 million to group members in a class action against sandalwood producer Quintis, further delaying finalisation of a settlement reached in the group proceeding over a year ago.

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HWL Ebsworth forced to hand over client file notes to ANZ whistleblower
Business of Law 2021-05-10 4:48 pm By Miklos Bolza

HWL Ebsworth has been ordered to hand over file notes to a former client and whistleblower suing ANZ for unfair dismissal, with a judge rejecting the law firm’s argument that the notes were created solely for the benefit of the junior solicitor taking them.

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Judge slams Monsanto’s ‘highly unsatisfactory’ behaviour in Roundup class action
Class Actions 2021-05-10 4:27 pm By Miklos Bolza

A judge has criticised agricultural giant Monsanto for its “highly unsatisfactory” conduct in ignoring court orders in a class action over its allegedly cancer-causing Roundup pesticides.

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AGL Energy sues Greenpeace for using logo in ‘Australia’s biggest climate polluter’ campaign
Intellectual Property 2021-05-10 4:02 pm By Cat Fredenburgh

AGL Energy has dragged Greenpeace Australia Pacific to court for using its logo in a campaign that labelled the company “Australia’s biggest climate polluter” and accused it of “significant environmental breaches”.

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Statewide Super won’t defend ASIC case over $1.5M insurance mistake
Financial Services 2021-05-07 9:36 pm By Miklos Bolza

Superannuation provider Statewide Super has announced that it will not defend civil penalty proceedings brought by ASIC over an administrative error which resulted in around 12,500 fund members being charged for non-existent insurance.

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Rape allegations ‘could not be dismissed as trivial’, ABC says in defence to Porter suit
Defamation 2021-05-07 9:03 pm By Cat Fredenburgh

The ABC has come out swinging in its defence to former attorney-general Christian Porter’s lawsuit over an allegedly defamatory article concerning historical rape allegations, saying there were reasonable grounds for suspecting Porter brutally raped a girl when they were teenagers and that it had a duty to publish the article.

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Corner Hotel appeals loss in trade mark fight with jazz club
Intellectual Property 2021-05-07 12:41 pm By Cat Fredenburgh

The Corner Hotel is taking another stab at cancelling a rival club’s ‘jazz corner’ and ‘jazz corner hotel trade marks’, after a judge found the marks did not infringeĀ  the famed Richmond pub’s ‘corner’ trade marks.

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Blue Diamond loses ‘unjustified’ bid for security for costs against Freedom Foods
Competition & Consumer Protection 2021-05-07 12:12 pm By Cindy Cameronne

A judge has refused an application by US almond supplier Blue Diamond for over $200,000 in security for costs in proceedings over a disputed licensing deal with Freedom Foods, saying it should have been evident that the bid was ā€œunjustifiedā€.

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