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Liquidators of failed broker Berndale Capital want to grill former execs
Restructuring & Insolvency 2020-01-09 7:58 pm By Christine Caulfield

The liquidators of Melbourne-based forex trader Berndale Capital have filed examination proceedings in the Federal Court seeking to question the company’s former CEO and its other directors.

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Full Court says Oxworks wrongly awarded extra damages in patent suit
Intellectual Property 2020-01-09 5:14 pm By Miklos Bolza

The Full Federal Court has provided clarity around additional damages in patent cases by reducing the penalties liable to be paid by an Australian fencing and gate manufacturer found to have infringed a rival’s patent for a fence base.

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Bankruptcy trustee can rip up agreement giving litigation funder 85%
Restructuring & Insolvency 2020-01-09 2:42 pm By Miklos Bolza

A court has allowed a bankruptcy trustee to drop an “extremely disadvantageous” litigation funding agreement, which provided the funder with an 85 per cent commission, previously signed to pursue a Perth-based engineering and construction company.

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Elaine Stead hits Nine with defamation suit over Blue Sky coverage
Defamation 2020-01-09 1:31 pm By Miklos Bolza

Elaine Stead, venture capitalist and former executive director of doomed fund manager Blue Sky Alternative Investments, has filed defamation proceedings against Nine-owned Fairfax over a series of articles criticising her role in the company’s collapse.

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Judge OKs $29M settlement in Radio Rentals class action
Class Actions 2020-01-09 1:12 pm By Christine Caulfield

A judge has given his seal of approval to a $29 million settlement that resolves a class action over Radio Rentals’ Rent, Try, $1 Buy scheme alleging customers were kept in the dark about the true cost of their rentals.

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Domino’s faces possible class action by franchisees
Franchises 2020-01-08 9:47 pm By Cat Fredenburgh

A law firm bringing the second of two cases by franchisees against Domino’s Pizza is weighing a possible class action against the fast food giant.

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High Court to weigh in on patent exhaustion in Seiko ink cartridge spat
Intellectual Property 2020-01-08 5:08 pm By Christine Caulfield

The High Court has granted special leave to cartridge reseller Calidad after the company lost an intellectual property dispute with printer giant Seiko Epson and was hit with a general injunction barring it from further patent infringement.

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Canberra property developers suffer partial loss in GST class actions
Class Actions 2020-01-08 4:59 pm By Miklos Bolza

The property developers behind two Canberra apartment complexes have been dealt a partial loss in two class actions against them, with a judge finding the developers misled the lead applicants about the GST payable on their units but that only some of them were entitled to compensation or restitution.

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Leyonhjelm hires new lawyer as he appeals $120,000 defamation award to Sarah Hanson-Young
Defamation 2020-01-08 2:55 pm By Christine Caulfield

Former senator David Leyonhjelm is appealing a ruling that socked him with a $120,000 damages bill in a defamation case brought by Greens Senator Sarah Hanson-Young, and has hired a new solicitor to bring the challenge.

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Ex-Norton Rose partner can’t block King & Wood Mallesons from acting for former firm
Appeals 2020-01-07 10:17 pm By Cat Fredenburgh

A former Norton Rose Fulbright partner has lost his bid to block King & Wood Mallesons and two barristers from representing the law firm in a long-running feud over his termination, with an appeals court calling his allegations against the legal team “unfounded and misconceived”.

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