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Judge slammed by Full Federal Court for ‘egregious departure’ from role
Appeals 2019-07-08 10:44 pm By Christine Caulfield

The Full Federal Court has ordered a retrial in a landmark Fair Work Ombudsman case that saw the owner of a Cairns tour company sentenced to 12 months’ jail, criticizing the sentencing judge for being “sarcastic, disparaging and dismissive” of the tour operator’s evidence.

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Combustible cladding defendants may drag engineers, certifiers into class action
Class Actions 2019-07-08 8:36 pm By Amelia Birnie

German-based cladding manufacturer 3A Composites has foreshadowed potential cross claims against third party engineers and certifiers in one of two class actions brought over allegedly dangerous combustible cladding used in countless buildings across Australia.

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Dick Smith insurers face class action over IPO-related policy
Class Actions 2019-07-08 4:43 pm By Miklos Bolza

Allianz and a number of other insurers of Dick Smith are now facing a class action over the extent of coverage under an insurance policy for the collapsed electronics retailer’s initial public offering.

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Embattled ex-Quintis boss loses $13.3M sandalwood plantation loan dispute
Restructuring & Insolvency 2019-07-08 4:22 pm By Miklos Bolza

Frank Wilson, solicitor and founder of failed sandalwood producer Quintis, has been ordered by a court to repay a $13.3 million loan used to invest in a 215 hectare Indian sandalwood plantation.

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Sims Metal class action funder to get no more than 25%, shareholders guaranteed at least half
Class Actions 2019-07-05 11:31 pm By Cat Fredenburgh

Noting the “significant and beneficial reduction” in recent funding rates, the judge overseeing a shareholder class action against recycling company Sims Metal Management has signed off on an order capping the commission of the funders at 25 per cent of any net proceeds and setting a minimum 50 per cent of any recovery for group members.

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Referee to weigh in on costs in $42M Murray Goulburn class action settlement
Class Actions 2019-07-05 9:35 pm By Cat Fredenburgh

A Federal Court judge has appointed a costs referee in a shareholder class action against two units of dairy co-op Murray Goulburn over a 2016 profit forecast revision which recently settled for $42 million.

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Ex-James Estate Wines boss ‘manufactured’ evidence in $14M dispute with ANZ, court says
Restructuring & Insolvency 2019-07-05 5:24 pm By Amelia Birnie

A judge has dismissed failed winemaker David James latest bid to overturn a $14 million guarantor judgment against him and in favour of ANZ, saying much of his sworn evidence was “manufactured” and “obviously tailored to suit his case”.

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Full Court hands Seiko a win in ink cartridge patent dispute
Intellectual Property 2019-07-05 5:15 pm By Miklos Bolza

Printer giant Seiko Epson has won its cross-appeal against cartridge reseller Calidad in a Full Federal Court decision that further clarifies the extent to which patentees can prevent those acquiring a patent’s title from repurposing or manipulating the original product.

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ACCC must hand over docs on Vodafone-TPG merger investigation
Competition & Consumer Protection 2019-07-04 4:50 pm By Miklos Bolza

The Federal Court has ordered the Australian Competition and Consumer Commission to hand over documents to Vodafone that were “directly relevant” to its decision to oppose the $15 billion Vodafone-TPG merger. In an order given Wednesday, Federal Court Justice John Middleton directed the ACCC to conduct a reasonable search and provide any relevant documents from…

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Aristocrat sues Ainsworth over ‘extensive and deliberate’ theft of slot machine IP
Intellectual Property 2019-07-04 4:31 pm By Miklos Bolza

Casino and mobile game giant Aristocrat Technologies has sued rival Ainsworth Game Technology for alleged copyright infringement and breaches of Australian consumer law following the suspected theft of trade secrets by an employee.

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