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IOOF CFO slams disqualification case as ‘egregious’ example of impulsive enforcement
Financial Services 2019-07-16 5:12 pm By Amelia Birnie

Lawyers for IOOF chief financial officer David Coulter have dismissed APRA’s allegations that he breached his superannuation duties as commercially “naïve”, “absolutely desperate” and a “most egregious example” of impulsive regulatory enforcement action.

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Chris Gayle defeats defamation appeal by publishers despite lawyer going ‘too far’ at trial
Appeals 2019-07-16 4:52 pm By Miklos Bolza

The publishers of the Sydney Morning Herald, The Age and The Canberra Times have lost an appeal of a $300,000 defamation award to cricketer Chris Gayle, despite the appeals court finding Gayle’s barrister had gone “too far” in his submissions to the jury.

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Judge ‘troubled’ by bid to extend class closure order in UGL shareholder action
Class Actions 2019-07-15 10:26 pm By Christine Caulfield

A judge overseeing a class action against engineering company UGL has agreed to extend a class closure order to give the parties a second chance to resolve the case in mediation, but not without expressing concerns that the order did not have the intended effect of encouraging settlement at the first sit-down.

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Merck Sharp & Dohme loses key battle in trade mark case ahead of trial
Intellectual Property 2019-07-15 8:51 pm By Miklos Bolza

A court has barred US drug company Merck Sharp & Dohme from denying that an agreement made with German pharmaceutical company Merck KGaA was governed by German law, settling a key question before a trade mark case between the two drug giants goes to trial.

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Judge wants contradictor’s view on Sydney light rail common fund
Class Actions 2019-07-15 3:11 pm By Miklos Bolza

The judge overseeing the Sydney light rail class action has ordered that a contradictor be appointed to weigh in on a proposed common fund order, which includes a 25 per cent commission for the funder that is backing the case.

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Norton Rose loses bid for summary dismissal of sex discrimination case
Employment 2019-07-15 2:21 pm By Amelia Birnie

A former Norton Rose Fulbright manager who accused employees of the global law firm of bullying her and suggesting “wives were supposed to stay in the kitchen” has narrowly avoided having her Fair Work claim struck out for being “vague, ambiguous and unintelligible”.

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Geoffrey Rush briefs new top silk to fight Nationwide defamation appeal
Defamation 2019-07-15 11:28 am By Amelia Birnie

Actor Geoffrey Rush is pulling out all the stops in his bid to uphold his record $2.9 million defamation judgment against Daily Telegraph publisher Nationwide News, briefing a prominent Sydney barrister to lead his case against the appeal.

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Adani defeats appeal in native title challenge to Queensland coal mine
Energy & Natural Resources 2019-07-12 10:30 pm By Christine Caulfield

A group of Indigenous Australians opposed to Adani’s Carmichael coal mine in Queensland has lost an appeal of a ruling dismissing a native title case against the $16 billion development.

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Former Dick Smith execs may seek to vacate trial date if cross claims filed
Class Actions 2019-07-12 9:18 pm By Amelia Birnie

Two former executives of Dick Smith may seek to vacate an upcoming trial date for two class actions against the failed retailer, after recently being hit with cross claims by the company’s former auditor, Deloitte.

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Garuda may face contempt motion for ‘unthinkable’ failure to pay $19M cartel fine
Competition & Consumer Protection 2019-07-12 9:00 pm By Miklos Bolza

Indonesian national airline Garuda faces a possible contempt motion by the competition regulator for failing to pay a $19 million court-issued fine after it was found guilty of air cargo price-fixing, a failure a judge called “almost unthinkable”.

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