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Liquidator cops 10-year ban in landmark ATO case
Restructuring & Insolvency 2019-11-07 10:51 pm By Christine Caulfield

Sydney-based liquidator David Iannuzzi has been disqualified from serving as an insolvency practitioner for 10 years, in the first case brought by the Australian Tax Office under the Corporations Act’s ban on tax avoidance schemes.

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Training college Unique cops $4M penalty in ACCC case
Competition & Consumer Protection 2019-10-31 2:49 pm By Christine Caulfield

Unique International College has been slapped with a $4.165 million penalty after a court found the defunct vocational trainer engaged in unconscionable conduct in enrolling students in courses costing up to $22,000.

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Group members expected to get half of $16.5M Forge class action settlement
Class Actions 2019-10-25 12:46 pm By Cat Fredenburgh

The law firm and funder behind a class action against collapsed engineering and construction company Forge Group, former directors and their insurers, which has now settled for $16.5 million, have proposed cuts that would see $8.25 million left over for distribution to group members.

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With Full Court still out, judge vacates trial date in Vocation class action
Class Actions 2019-10-11 10:52 pm By Christine Caulfield

Awaiting a Full Court ruling in a case involving similar claims of privilege against self-incrimination by partners at another accounting giant, the judge in a consolidated class action against PricewaterhouseCoopers over its auditing of the failed Vocation has vacated the February trial date.

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Motorola slams Hytera for ‘pig-headed’ approach to IP expert evidence
Intellectual Property 2019-10-11 2:18 pm By Amelia Birnie

Motorola has slammed competitor Hytera for its “spectacularly poor” handling of expert evidence in a high stakes intellectual property dispute between the two tech giants, arguing the pre-trial timetable should not be upended on account of the Chinese radio maker’s “pig-headed” insistence on using unavailable witnesses.

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Lawyers running Bellamy’s case want to expand class to equity swap investors
Class Actions 2019-10-11 12:30 pm By Christine Caulfield

One of two shareholder class actions against infant food maker Bellamy’s for allegedly misleading investors about its China growth strategy and declining infant formula market share in Australia wants to expand the class definition to include purchasers of equity swaps.

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Full Court finds Bellamy’s cost-capping appeal ‘not strong’, but denies indemnity costs
Class Actions 2019-10-07 4:53 pm By Miklos Bolza

A failed challenge by baby food maker Bellamy’s Australia to a decision rejecting its application to limit legal costs in two class actions was “not strong”, but was not so unreasonable as to put them on the hook for indemnity costs, the Full Federal Court has ruled.

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After ASIC raises ire, judge sets down new rules for regulators in his court
ASIC 2019-10-04 10:46 pm By Christine Caulfield

ASIC and other government regulators bringing enforcement action in the docket of one Federal Court judge must abide by a strict new protocol to prevent a repeat of the corporate watchdog’s “wait and see” strategy in a case against ex-Murray Goulburn directors that came close, the judge said, to bringing the administration of justice into disrepute.

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ASIC’s belated case against ex-Murray Goulburn execs survives, but judge says never again
ASIC 2019-10-04 10:05 pm By Christine Caulfield

A judge has refused a bid by two former Murray Goulburn executives to throw out a disqualification case brought by the Australian Securities and Investments Commission, despite admonishing the corporate regulator for its delay in bringing the case and establishing a protocol for regulators filing cases in his docket.

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Interpharma won’t challenge Precedex patent validity ruling
Intellectual Property 2019-10-03 8:54 pm By Cat Fredenburgh

Australian drug maker InterPharma will not appeal a ruling that dismissed its challenge to the validity of global pharmaceutical giant Pfizer’s patent for sedative drug Precedex.

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