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Judge shoots down objections to Mossgreen liquidators’ payday
Restructuring & Insolvency 2019-11-06 5:34 pm By Christine Caulfield

The administrators and liquidators of failed auction house Mossgreen have had their $646,000 in fees approved over the objections of creditors, with a judge saying they were entitled to the remuneration after recovering more than $2 million in assets.

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Training college Unique cops $4M penalty in ACCC case
Competition & Consumer Protection 2019-10-31 2:49 pm By Christine Caulfield

Unique International College has been slapped with a $4.165 million penalty after a court found the defunct vocational trainer engaged in unconscionable conduct in enrolling students in courses costing up to $22,000.

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Westpac lending class action gets makeover after ASIC loss
Financial Services 2019-10-30 4:07 pm By Christine Caulfield

A class action accusing Westpac of issuing unsuitable home loans is pushing forward with overhauled pleadings after the corporate watchdog lost a related regulatory action, and the class now says it was enough that the bank failed to account for borrowers’ so-called essential expenses.

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ACCC wants stay of Garuda appeal as airline refuses to pay $19M fine
Appeals 2019-10-29 8:59 pm By Miklos Bolza

The Australian Competition and Consumer Commission is seeking a stay of an appeal by PT Garuda Indonesia while the airline’s $19 million fine May for engaging in cartel conduct remains unpaid.

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Judge tosses Babcock & Brown cases, finds ‘serious problems’ with market-based causation
Securities 2019-10-21 8:47 pm By Miklos Bolza

A judge has dismissed three proceedings by shareholders against the liquidator of failed global financial services firm Babcock & Brown, in a finding that highlights “serious problems” with market-based causation and may have ramifications for securities class actions.

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Iluka class action doesn’t need cash to put up security, judge says
Class Actions 2019-10-16 11:00 pm By Cat Fredenburgh

The applicant in a shareholder class action against Iluka Resources can put up security for the company’s legal costs by way of two insurance deeds of indemnity, but a bid to use the deeds to replace the $1.25 million it earlier paid in cash security has failed.

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Motorola slams Hytera for ‘pig-headed’ approach to IP expert evidence
Intellectual Property 2019-10-11 2:18 pm By Amelia Birnie

Motorola has slammed competitor Hytera for its “spectacularly poor” handling of expert evidence in a high stakes intellectual property dispute between the two tech giants, arguing the pre-trial timetable should not be upended on account of the Chinese radio maker’s “pig-headed” insistence on using unavailable witnesses.

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Ford class action judge considers cash security in ‘war and peace of discovery’ disputes
Class Actions 2019-10-09 5:19 pm By Amelia Birnie

The judge overseeing the long-running class action over allegedly faulty Ford PowerShift transmissions has told the applicants they might need to put up considerable cash security to cover the “war and peace of discovery” disputes, after Ford slammed the delayed request for documents as “complete and utter nonsense”.

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‘Completely out of control’: fresh funding concerns emerge in Iluka class action
Class Actions 2019-10-08 11:13 pm By Amelia Birnie

The judge overseeing a class action against mineral sands producer Iluka Resources has slammed the submissions from both sides over a bid for an extra $2.6 million in security for costs, calling them “completely out of control” and “totally out of proportion”.

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Businessman Charif Kazal gets last chance to fix ‘incomprehensible’ case against Gilbert + Tobin
Corporate 2019-09-24 7:48 pm By Amelia Birnie

A judge has given Sydney businessman Charif Kazal a third and final opportunity to replead his “simply incomprehensible” case against Gilbert + Tobin over the law firm’s involvement in a business dispute concerning a lucrative waste facility, despite saying it took “an entire week to understand the arcane obscurities” of the pleading.

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