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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.
Investment group Mayfair 101 has denied claims by ASIC that it has engaged in misleading or deceptive advertising of its Platinum products, saying in a response to the regulator's case the products were aimed at sophisticated investors who were told of the risks.
A judge has been accused of “very aggressively” raising issues with a barrister for the Federal Government over its failure to amend its defence in a $300 million class action centred on the Commonwealth's controversial Robodebt scheme to match recent public admissions.
The Australian Competition and Consumer Commission is seeking a contempt finding against a former solicitor for defunct vocational trainer Empower Institute over alleged billing practices.
Tens of thousands of Ford cars which contain an allegedly defective transmission system are “lemons”, a court heard on day one of a six-week hearing in a long-running class action against the car maker.
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.
The Full Federal Court has thrown out the ACCC's challenge to a ruling dismissing its case alleging Kimberly-Clark made misleading representations about its flushable wipes.
A judge has rejected calls by mining tool company Globaltech and driller Boart Longyear to disqualify himself from hearing a patent infringement case against them, despite ruling in an earlier proceeding that the patent was valid and that Globaltech had infringed it.
Westpac is facing the possibility of more claims in proceedings brought by AUSTRAC over anti-money laundering breaches, with the regulator seeking information on 272 customers who may have been involved in the exploitation of children.
The former general manager of women's fashion retailer Rockmans is suing parent company Noni B, claiming he was not given any notice before being sacked in April this year.