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.
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.
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”.
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”.
Norton Rose Fulbright has lost its second partner this month, with the defection of IP specialist Helen MacPherson to Baker McKenzie.
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.
A court has substantially dismissed an application for further discovery by three companies facing a lawsuit by chemical and energy giant Hanwha Solutions for patent infringement of its solar cell technology.
A settlement between the ACCC and STA Travel has resulted in a penalty of $14 million after the court found the travel agency misled consumers about their ability to change flight dates and other travel details.
In response to the COVID-19 pandemic, lawyers are litigating from their lounge rooms and negotiating contracts on new technology platforms. While the profession has embraced the change, working from home exposes firms to specific IT security risks.
The applicant in a $47.6 million class action against a unit of car leasing company McMillan Shakespeare has been denied access to insurance documents sought to determine the value of the case, with a judge saying access would “distort the playing field”.