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Judge not too old to hear banned doctor’s case, court says
Appeals 2019-03-22 10:02 pm By Miklos Bolza

An appeals court has dismissed a banned medical doctor’s challenge to the granting of three vexatious proceedings orders on constitutional grounds that the judge who made the orders was too old.

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Law school head accused of bullying sues La Trobe University over suspension
Education 2019-03-22 9:31 pm By Miklos Bolza

An eminent professor at a Melbourne law school has launched legal action against his employer after complaints of bullying by two other professors led to his suspension.

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Westpac slams Maurice Blackburn for racing to file home loans class action
Class Actions 2019-03-22 3:15 pm By Miklos Bolza

Banking giant Westpac has criticised Maurice Blackburn for rushing to file the first class action in the wake of the banking royal commission’s scathing final report, saying the self-appointed leading class action firm should know how to properly commence proceedings.

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Fairfax wants to use DOJ docs to bolster defence in Chau Chau Wing defamation case
Defamation 2019-03-21 10:14 pm By Cat Fredenburgh

Fairfax Media will seek to use documents provided by the US Department of Justice to amend its defence in a defamation case brought by wealthy Chinese-Australian businessman Chau Chak Wing over articles that appeared in the Sydney Morning Herald linking him to an international bribery scandal.

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Trader wants over $10M in damages in ASIC defamation case
Defamation 2019-03-21 10:10 pm By Miklos Bolza

Trader Daniel Schlaepfer and his firm Select Vantage are seeking over $10 million in damages from the Australian Securities and Investments Commission in a defamation action against the corporate regulator, a court heard Thursday on the fourth day of trial in the case.

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Class actions in NSW Supreme Court do not require plaintiffs to have a claim against all defendants
Expert Insights 2019-03-21 9:17 pm By Christine Caulfield

In a first for the NSW Supreme Court, Judge Peter Garling last week found that the plaintiff in a class action does not need to have a claim against all defendants, a case that could make life much easier for plaintiff lawyers, says barrister Daniel Meyerowitz-Katz of Second Floor Wentworth Chambers.clas

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Termite Resources directors must pay $7M for keeping insufficient cash on hand
Restructuring & Insolvency 2019-03-21 3:21 pm By Christine Caulfield

A judge has ordered directors of collapsed mining company Termite Resources to pay $7 million in damages after finding they breached their duty by distributing more than $46 million to its parent company and failing to maintain a cash reserve of at least $10 million.

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Receivers can pay priority claims of employees directly, judge rules
Construction 2019-03-20 10:32 pm By Christine Caulfield

Receivers, not just liquidators, can distribute assets to satisfy priority claims of an insolvent company’s employees, a judge has ruled, settling a question of law under the Corporations Act.

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Whitehaven Coal fined $38k for hazardous fumes at blast site
Environment 2019-03-20 9:29 pm By Miklos Bolza

Australia’s largest independent coal producer Whitehaven Coal Mining has been convicted and fined $38,500 after potentially harmful gas drifted from one of its mines across neighbouring farmland.

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Sandoz wins stay of $26.3M Lexapro judgment
Intellectual Property 2019-03-20 3:41 pm By Miklos Bolza

Generic pharmaceutical firm Sandoz has won a temporary stay of a $26.3 million judgment in a patent case as it awaits a decision by the Commissioner of Patents regarding a licence to make a cheaper version of the bestselling antidepressant Lexapro.

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