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Merlin Diamond creditors seek to shield rights over assets as liquidation looms
Restructuring & Insolvency 2019-11-11 5:23 pm By Miklos Bolza

A group of unsecured creditors of ‘Diamond Joe’ Gutnik’s mining firm Merlin Diamonds has launched a NSW Supreme Court bid to preserve their rights over security interests in the company as the clock ticks down to its impending liquidation.

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‘Mother’ consumers know best: IP Australia shuts down Monster Energy’s trade mark opposition
Intellectual Property 2019-11-08 11:32 pm By Cat Fredenburgh

Monster Energy has lost its opposition to coffee company Vittoria Food & Beverage’s proposed ‘Mothersky’ trade mark, with a delegate of the Trade Marks Office saying the energy drink company’s ‘Mother’ energy drink brand was so strong in the minds of consumers that there was no likelihood of confusion.

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Bail conditions set in obstruction case against former BlueScope exec
White Collar 2019-11-05 3:42 pm By Miklos Bolza

Bail conditions have been set for a former BlueScope Steel executive charged with obstructing an Australian Competition and Consumer Commission criminal cartel probe into the steel company, the first criminal charges ever brought against an individual in relation to an ACCC investigation.

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ACCC’s cartel case against BlueScope years in the making, court told
Cameron Moore 2019-11-01 11:13 pm By Christine Caulfield

The competition regulator has been probing alleged cartel conduct by steel giant Bluescope for a number of years, counsel for the company told a court Friday as it sought transcripts of the watchdog’s compulsory interviews of witnesses and asked for five months to put on a defence.

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ASIC wins appeal in Westpac ‘personal advice’ case
Appeals 2019-10-28 2:06 pm By Cat Fredenburgh

The Full Federal Court has handed the Australian Securities and Investments Commission a win in a high-stakes appeal over what constitutes personal advice under financial services laws, finding Westpac violated its duty to act in its customers best interests through a superannuation rollover campaign.

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Appeals court finds ‘Diamond Joe’ Gutnick family’s $1 mining deal void
Restructuring & Insolvency 2019-10-03 4:45 pm By Miklos Bolza

An appeals court has upheld a ruling that found two firms previously run by Joseph “Diamond Joe” Gutnik and his family were insolvent, ending a long-running battle over hundreds of millions of dollars in mining assets.

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Provisional liquidators appointed to Merlin Diamonds to investigate concerns of ‘serious mismanagement’
Restructuring & Insolvency 2019-09-23 8:55 pm By Amelia Birnie

A judge has appointed provisional liquidators to ‘Diamond Joe’ Gutnick’s mining company Merlin Diamonds, after finding evidence of “serious mismanagement” and citing an urgent need to investigate the company’s books.

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Steel giant BlueScope could face criminal charges over alleged cartel
Competition & Consumer Protection 2019-09-18 10:08 pm By Christine Caulfield

Prosecutors are weighing criminal charges over alleged cartel conduct the subject of a price-fixing case by the ACCC against BlueScope Steel and former general manager of sales Jason Ellis, a judge has revealed in rejecting a bid by the competition watchdog to suppress details of its case.

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Judge gives ACCC go-ahead to continue case against insolvent Jump
Competition & Consumer Protection 2019-09-10 10:40 am By Miklos Bolza

The Australian Competition and Consumer Commission has won its bid to continue proceedings against the insolvent operator of the Jump! swim school franchise and its director, with a court finding the case was in the public interest.

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Pitcher Partners can’t escape $5.6M judgment over concealed accounting botch job
Appeals 2019-07-23 1:23 pm By Christine Caulfield

Pitcher Partners has lost it challenge to a ruling socking it with a $5.6 million bill for an accounting error concealed from client Neville’s Bus Service, with an appeals court saying there was a “clear and principled basis” to require the accounting firm to pay the sum awarded for loss and damage to the transport company.

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