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ASIC wins case to wind up landbanking scheme Aviation 3030
Securities 2019-03-19 11:54 pm By Christine Caulfield

The Australian Securities and Investments Commission has won its bid to appoint liquidators to solvent landbanking company Aviation 3030, with a judge saying ASIC’s public-interest case for the scheme’s winding up was “overwhelming”.

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Bird & Bird lawyer’s communications not privileged in IP fight over Golden Girls parody
Intellectual Property 2019-03-19 10:55 pm By Cat Fredenburgh

A judge has rejected a claim of legal privilege over emails at the centre of a copyright lawsuit over a puppet-show parody of the 80s sitcom Golden Girls, a production that has spawned legal action between the collaborators in New York and Australia.

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Judge wants four referees in toxic foam class actions
Class Actions 2019-03-19 9:25 pm By Cat Fredenburgh

The Chief Justice of the Federal Court wants four referees to weigh what’s expected to be voluminous expert evidence in three class actions against the Commonwealth of Australia over exposure to allegedly toxic foam used on a government military bases, saying with 60 class actions pending in the Federal Court, devoting a single judge to the case for months on end should be a “mechanism of last resort”.

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ASIC to go after GetSwift’s former general counsel
Securities 2019-03-19 7:59 pm By Miklos Bolza

The Australian Securities and Investments Commission wants to add GetSwift’s former inhouse lawyer as a respondent in its enforcement action against the logistics company, as debate rages over whether a class action against the company should be postponed.

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Prosecutors aim at ‘significant reduction’ in charges in Country Care cartel case
Competition & Consumer Protection 2019-03-19 2:53 pm By Miklos Bolza

The Commonwealth Department of Public Prosecutions has told the Federal Court it will “very significantly” reduce the number of criminal charges laid against mobility equipment supplier Country Care Group as the landmark cartel case heads to trial in October.

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Maurice Blackburn to challenge ruling in favour of ATO over bushfire tax bill
Appeals 2019-03-19 11:55 am By Christine Caulfield

Maurice Blackburn has not given up its fight with the Australian Taxation Office over a multimillion dollar tax liability on record-setting class action payout for Black Saturday bushfire victims.  

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Hells Angels loses IP lawsuit against Redbubble
Intellectual Property 2019-03-18 10:21 pm By Cat Fredenburgh

The Australian chapter of biker group the Hells Angels has mostly come up short in its wide-ranging intellectual property lawsuit against online marketplace Redbubble. But the judge that heard the case may have opened the door for more IP lawsuits against the print-on-demand site by shooting down its claims that its not a seller but merely a platform for artists and consumers to engage.

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ASIC caused major trader to ‘vanish’, defamation trial hears
Securities 2019-03-18 8:32 pm By Miklos Bolza

The Australian Securities and Investments Commission made global trading firm Select Vantage “vanish overnight” from the Australian market using slanderous statements based on a lack of evidence, the NSW Supreme Court has heard.

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Deloitte contributed to Dick Smith’s downfall, class actions now claim
Class Actions 2019-03-18 8:01 pm By Miklos Bolza

Deloitte Touche Tohmatsu is facing claims by the lead applicants in two class actions against failed retail giant Dick Smith alleging its poor accounting practices contributed to the retailer’s collapse.

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Judges back US-style class action standstill to deal with competing cases
Class Actions 2019-03-15 11:00 pm By Christine Caulfield

A proposed 90-day standstill that gives law firms time to file competing class actions without rushing to court has garnered support from multiple Federal Court judges, and could be adopted as part of new protocols being considered, one judge said Friday.

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