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Provisional liquidators appointed to Merlin Diamonds to investigate concerns of ‘serious mismanagement’
Restructuring & Insolvency 2019-09-23 8:55 pm By Amelia Birnie

A judge has appointed provisional liquidators to ā€˜Diamond Joeā€™ Gutnickā€™s mining company Merlin Diamonds, after finding evidence of “serious mismanagement” and citing an urgent need to investigate the company’s books.

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Lloyd’s loses bid for quick dismissal of NAB’s $655M insurance lawsuit
Insurance 2019-09-23 8:46 pm By Cat Fredenburgh

Three syndicates of Lloyd’s London have failed in their bid to toss a case brought by National Australia Bank seeking Ā£357 million ($655 million) in insurance claims relating to two consumer redress schemes in the UK.

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Ex-BlueScope OH&S manager was overlooked for VP role because he’s a man, court told
Employment 2019-09-23 8:31 pm By Christine Caulfield

A former BlueScope global health and safety manager wants to add an indirect gender discrimination claim to his employment case against the steel giant, alleging he was overlooked for a senior role because the company wanted to fill its diversity quota.

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‘We want to send a message to the courts’: ACCC’s Sims flags importance of potential competition in merger review
Competition & Consumer Protection 2019-09-23 4:08 pm By Miklos Bolza

The ACCC’s recommended changes to the merger review framework that would require regulators to weigh whether a proposed acquisiton involved a potential competitor was a message to judges to rethink how they approached merger cases, the head of the watchdog said Monday.

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VW reaches in-principle dieselgate agreement with ACCC
Competition & Consumer Protection 2019-09-23 2:10 pm By Amelia Birnie

Volkswagen is nearing the end of the road in the dieselgate scandal in Australia, as the car company agrees to an in-principle resoltion of enforcement action by the ACCC while also finalising the details of the settlement of five class actions worth up to $127 million.

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Qld Law Group wants excessive fees class action shut down over applicant’s apparent sale of litigation rights
Class Actions 2019-09-23 1:51 pm By Amelia Birnie

The Queensland law firm at the centre of a class action over legal fees wants the case thrown out as an abuse of process, after it was revealed that the lead plaintiff apparently sold her litigation rights to a litigation funder, whose sole director is married to the solicitor who filed the action.

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Ariosa secures leave to appeal Sequenom win over patent for prenatal test
Intellectual Property 2019-09-23 1:00 pm By Christine Caulfield

US prenatal genetic test maker Ariosa Diagnostics has won its bid to appeal a ruling that its Harmony test infringed a patent owned by rival Sequenom.

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Bendigo and Adelaide Bank loses 20-year-old trade mark for ‘Community Bank’
Intellectual Property 2019-09-20 10:21 pm By Cat Fredenburgh

A judge has overturned a win for Bendigo and Adelaide Bank in a trade mark battle with NSW-based Community First Credit Union, finding the credit union had successfully argued to revoke the bank’s 20-year-old trade mark for ‘Community Bank’.

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Courts to up scrutiny of group member returns in class action settlements, report says
Class Actions 2019-09-20 9:07 pm By Christine Caulfield

Expect increasing emphasis by judges on how much class action members will pocket, as scrutiny of settlements in representative proceedings continues to ramp up, says King & Wood Mallesons in the law firm’s latest class action report.

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CIMIC had no chance of winning stay of competing class action, judge says
Class Actions 2019-09-20 8:36 pm By Miklos Bolza

A judge has ordered engineering services firm CIMIC Group to pay the costs of a 2017 attempt to stay a competing class action against it, saying the bid was one the company “could never have successfully prosecuted”.

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