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Fairfax wants to use DOJ docs to bolster defence in Chau Chau Wing defamation case
Defamation 2019-03-21 10:14 pm By Cat Fredenburgh

Fairfax Media will seek to use documents provided by the US Department of Justice to amend its defence in a defamation case brought by wealthy Chinese-Australian businessman Chau Chak Wing over articles that appeared in the Sydney Morning Herald linking him to an international bribery scandal.

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Trader wants over $10M in damages in ASIC defamation case
Defamation 2019-03-21 10:10 pm By Miklos Bolza

Trader Daniel Schlaepfer and his firm Select Vantage are seeking over $10 million in damages from the Australian Securities and Investments Commission in a defamation action against the corporate regulator, a court heard Thursday on the fourth day of trial in the case.

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Class actions in NSW Supreme Court do not require plaintiffs to have a claim against all defendants
Expert Insights 2019-03-21 9:17 pm By Christine Caulfield

In a first for the NSW Supreme Court, Judge Peter Garling last week found that the plaintiff in a class action does not need to have a claim against all defendants, a case that could make life much easier for plaintiff lawyers, says barrister Daniel Meyerowitz-Katz of Second Floor Wentworth Chambers.clas

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Commonwealth Bank told investors Sigma credit rating withdrawal a ‘technical’ issue
Class Actions 2019-03-21 5:04 pm By Cat Fredenburgh

The Commonwealth Bank of Australia, facing cross-claims by credit ratings agency Fitch in a class action alleging it gave false or misleading double A and triple A ratings to synthetic CDOs backed by Sigma Financial, told investors Fitch’s withdrawal of Sigma’s credit rating prior to the collapse of the $27 billion investment fund was a “technical” issue, the bank has admitted.

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Termite Resources directors must pay $7M for keeping insufficient cash on hand
Restructuring & Insolvency 2019-03-21 3:21 pm By Christine Caulfield

A judge has ordered directors of collapsed mining company Termite Resources to pay $7 million in damages after finding they breached their duty by distributing more than $46 million to its parent company and failing to maintain a cash reserve of at least $10 million.

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Receivers can pay priority claims of employees directly, judge rules
Construction 2019-03-20 10:32 pm By Christine Caulfield

Receivers, not just liquidators, can distribute assets to satisfy priority claims of an insolvent company’s employees, a judge has ruled, settling a question of law under the Corporations Act.

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ACCC decision on $15B TPG, Vodafone tie-up expected in May
Competition & Consumer Protection 2019-03-20 10:14 pm By Cat Fredenburgh

The ACCC will announce in May whether it will approve the proposed $15 billion merger of telco giants TPG and Vodafone Hutchison Australia, after the parties’ failure to comply with requests for information caused the regulator to suspend its timeline last month.

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Whitehaven Coal fined $38k for hazardous fumes at blast site
Environment 2019-03-20 9:29 pm By Miklos Bolza

Australia’s largest independent coal producer Whitehaven Coal Mining has been convicted and fined $38,500 after potentially harmful gas drifted from one of its mines across neighbouring farmland.

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Sandoz wins stay of $26.3M Lexapro judgment
Intellectual Property 2019-03-20 3:41 pm By Miklos Bolza

Generic pharmaceutical firm Sandoz has won a temporary stay of a $26.3 million judgment in a patent case as it awaits a decision by the Commissioner of Patents regarding a licence to make a cheaper version of the bestselling antidepressant Lexapro.

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Class action trial against WorleyParsons back on as new judge steps in
Class Actions 2019-03-20 12:55 pm By Miklos Bolza

Trial in a shareholder class action against engineering company WorleyParsons will be heard by a new judge in late August, six months after it was unexpectedly vacated.

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