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Dick Smith class actions can tweak case against Deloitte
Class Actions 2020-01-13 5:02 pm By Miklos Bolza

The lead plaintiffs in two shareholder class actions against Dick Smith can amend their case against accounting firm Deloitte, less than two months before a mammoth hearing is set to commence.

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IOOF unit’s appeal targets Sparke Helmore
Legal Ethics 2020-01-13 4:48 pm By Miklos Bolza

An IOOF subsidiary has appealed a $76.6 million judgment finding it breached its duty in the sale of a 46,000 hectare plantation by collapsed forestry giant Gunns Group and shooting down its cross claim seeking to pass liability onto law firm Sparke Helmore.

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‘Rambling and non-responsive’: Law firm dodges $6.5M negligence claim
Business of Law 2020-01-13 1:23 pm By Miklos Bolza

A law firm has dodged a $6.5 million negligence claim by a Tasmanian agricultural business over advice supplied about agreements entered into with a division of collapsed forestry giant Gunns Limited, with a judge slamming the company director’s evidence as “rambling and non-responsive”.

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Jury finds Kleenmaid founder guilty of $13M fraud against Westpac
White Collar 2020-01-10 10:43 pm By Christine Caulfield

The founder of defunct whitegoods distributor Kleenmaid faces jail time after a jury on Friday found him guilty of 19 charges of fraud and insolvent trading relating to the collapse of the company, including a $13 million fraud on Westpac.

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Aldi’s ‘wholly descriptive’ trade mark for clothing line revoked
Intellectual Property 2020-01-10 5:11 pm By Miklos Bolza

Aldi Foods’ trade mark for one of its clothing brands has been revoked, with an IP Australia delegate finding the mark is “wholly descriptive” and incapable of distinguishing its goods.

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Judge says no need to clarify referees’ role in PFAS class actions
Class Actions 2020-01-10 5:05 pm By Cat Fredenburgh

The judge overseeing three class actions against the Commonwealth alleging contamination from the use of toxic firefighting foam at three naval bases has shot down the plaintiffs’ bid for a formal communication reminding two referees of their role in the proceedings.

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Deutsche Bank units sue Spain to enforce $96.3M arbitration award
Energy & Natural Resources 2020-01-10 4:24 pm By Miklos Bolza

Two Deutsche Bank subsidiaries have filed Federal Court proceedings against Spain seeking enforcement of a ā‚¬59.6 million ($96.3 million) award for losses incurred as a result of changes in the country’s renewable regulatory framework.

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High Court’s Chorley ruling dooms Tucker & Cowen partner’s costs bid
Business of Law 2020-01-10 11:30 am By Miklos Bolza

A court has slashed the costs awarded to a Tucker & Cowen name partner in a lawsuit brought by the liquidators of failed fund manager Equititrust, citing a recent High Court ruling that found self-represented lawyers cannot recover their own expenses.

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Top 10 class action settlements of 2019
Class Actions 2020-01-09 11:21 pm By Christine Caulfield

Companies and other defendants forked over big sums last year to settle more than 20 class actions, with a total of at least $734 million being paid out. Here are the top 10 class action settlements and the law firms and funders that negotiated them.Ā 

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Liquidators of failed broker Berndale Capital want to grill former execs
Restructuring & Insolvency 2020-01-09 7:58 pm By Christine Caulfield

The liquidators of Melbourne-based forex trader Berndale Capital have filed examination proceedings in the Federal Court seeking to question the company’s former CEO and its other directors.

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