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Judge under fire again, this time for developing own fraud case in bankruptcy spat
Courts 2022-07-20 12:08 am By Christine Caulfield

A court has overturned a ruling by a federal judge repeatedly in the spotlight for his decisions, finding in the latest case that a fraud claim against a property purchaser in a dispute with bankruptcy trustees was a notion developed, pursued and upheld by the judge himself.

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Judge asked by appeals court to explain damages in trade secrets spat
Employment 2022-07-13 11:33 pm By Christine Caulfield

An appeals court has returned a case to a judge it said did not give sufficient reasons for awarding damages in a case brought by flooring company Evagroup against a sales manager who left to launch a competing business.

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ASIC can’t access PwC report at centre of privilege fight with Terracom
Energy & Natural Resources 2022-06-28 11:10 pm By Christine Caulfield

A judge has rejected a bid by the corporate regulator to access an unredacted PricewaterhouseCoopers report commissioned by coal miner TerraCom ahead of a challenge to a decision that cleared the way for the regulator to eye the document as part of an investigation.

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ACCC, Fujifilm ‘close’ to settling case over small biz contracts
Competition & Consumer Protection 2022-06-08 4:14 pm By Cindy Cameronne

The Australian Competition and Consumer Commission is ā€œcloseā€ to settling its case against office supply company Fujifilm over allegedly unfair contracts with small businesses, a court has heard.

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High Court to hear Botox trade mark appeal
Intellectual Property 2022-05-18 3:42 pm By Cat Fredenburgh

The High Court has granted special leave to a cosmetic company to challenge a judgment finding it infringed Botox maker Allergan’s trade marks by marketing its topical creams as Botox alternatives.

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TerraCom continues fight to keep PwC report from ASIC investigators
Appeals 2022-04-08 5:06 pm By Miklos Bolza

Coal mining firm TerraCom has taken its bid to shield a PricewaterhouseCoopers report from ASIC to the Full Court, appealing a judgment which found the regulator could view the report because of public statements made by the company.

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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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Viterra loses bid for ‘drastic’ freezing orders to safekeep $18m arbitration award
Arbitration 2022-03-15 10:01 pm By Cindy Cameronne

Viterra has lost its battle to maintain freezing orders against two Australian business as it seeks to enforce an $18.7 million arbitration award against a related but separate Chinese company.

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TerraCom can’t keep PwC report from ASIC investigators
Energy & Natural Resources 2022-03-11 10:14 pm By Christine Caulfield

Mining company TerraCom has lost a case seeking to shield a report by PricewaterhouseCoopers from the Australian Securities and Investments Commission, which is investigating claims current and former executives falsified coal quality results.

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Class action waiver in Ruby Princess cruise T&Cs not unfair, court told
Class Actions 2022-02-14 9:51 pm By Christine Caulfield

A class action waiver in the terms and conditions of tickets purchased by US passengers embarking on the fateful Ruby Princess cruise at the height of the first COVID-19 wave was neither unfair nor onerous, an appeals court has heard.

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