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Court allows debt-laden Thai Airways to temporarily avoid Australian asset seizure
Restructuring & Insolvency 2020-06-23 5:21 pm By Miklos Bolza

A court has granted a bid by two directors of Thai Airways to preserve the airline’s Australian assets as the company, which was hit hard due to the COVID-19 pandemic, undergoes an urgent restructure in Thailand.

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Trial judge urges common sense in ASIC case against GetSwift
Securities 2020-06-22 4:58 pm By Miklos Bolza

A judge has dismissed a defensive bid by ASIC to amend its case against GetSwift mid-trial, instead calling on “common sense” to be injected into the proceeding as the hearing enters its second week.

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Respiri settles lawsuit over ex-CEO’s termination
Employment 2020-06-18 11:19 pm By Cat Fredenburgh

Medical technology company Respiri has settled a lawsuit brought by its former CEO alleging he was terminated for seeking to expand into the Indian market against the wishes of the ASX-listed company’s board.

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GetSwift leaked $138M deal to the press ahead of ASX announcement, ASIC says
Securities 2020-06-16 7:26 pm By Miklos Bolza

GetSwift “sat on” an announcement about a lucrative deal with US-based automotive sales and marketing firm N.A. Williams for more than three weeks, then leaked the news to the media before announcing it on the Australian Stock Exchange, ASIC has told the Federal Court on day two of a trial in the corporate regulator’s case against the logistics tech company.

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High standards: Challenging a DOCA that compromises a litigation claim
Expert Insights 2020-06-16 6:05 pm By Christine Caulfield

While some judges have suggested a deed of company arrangement can be terminated at the comparatively low threshold that a liquidator may be “potentially” successful in litigating a claim, this is clearly not the test after a recent Full Federal Court ruling that affirms the high standard to be met by any challenge to a DOCA, where the deed compromises a commercial dispute, writes Baker McKenzies’ David Walter, Maria O’Brien and Ian Innes.

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‘These results are not accidental’: GetSwift saw ASX as ‘cheap way’ to boost share price, ASIC says
Securities 2020-06-15 6:49 pm By Miklos Bolza

Émails show the directors of logistics company GetSwift took a “deliberate approach” to inflating the company’s share price through a constant supply of positive ASX announcements about new multimillion-dollar contracts, ASIC said on the first day of a highly anticipated five-week trial.

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‘New marketing opportunity’: Judge sees injunction’s silver lining in In-N-Out trade mark dispute
Intellectual Property 2020-06-09 2:35 pm By Cat Fredenburgh

A Sydney burger chain that was ordered to change its name after losing a trade mark lawsuit by popular American burger franchise In-N-Out has lost its request to stay the ruling, with a judge finding the company had “greatly exaggerated” the costs of the name switch, which she called “a new marketing opportunity”.

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Down N’ Out to appeal ‘cheeky’ In-N-Out Burger trade mark infringement ruling
Intellectual Property 2020-05-29 12:27 pm By Alison Eveleigh

An Australian burger chain that opened in Sydney as a tribute to the popular American burger franchise In-N-Out is set to appeal a trademark infringement ruling that found its name choice was “deceptively similar” and “cheeky”.

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Baker McKenzie nabs former Norton Rose partner in second defection this month
Intellectual Property 2020-05-25 5:39 pm By Christine Caulfield

Norton Rose Fulbright has lost its second partner this month, with the defection of IP specialist Helen MacPherson to Baker McKenzie.

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Judge rejects GetSwift’s latest push to delay ASIC trial for a year
Securities 2020-05-21 9:43 pm By Christine Caulfield

Logistics company GetSwift and its directors have failed in a bid for a year-long delay of a trial scheduled to start next month in ASIC’s case alleging breaches of the Corporations Act, despite arguing that the procedural unfairness of a remote hearing gave the regulator a leg-up over the US-based company.

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