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Judge sides with ASIC, finds insolvent hedge fund Goldsky operated without a licence
Restructuring & Insolvency 2019-05-09 6:16 pm By Miklos Bolza

A judge has found embattled hedge fund Goldsky breached the Corporations Act by providing financial services in Australia without a licence.

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Bauer’s appeal victory means curtain call for Discover Downunder trade mark
Intellectual Property 2019-05-09 4:08 pm By Miklos Bolza

Bauer Consumer Media has won a five-year legal battle over Evergreen Television’s Discover Downunder trade mark, with the Full Federal Court setting aside a prior IP Australia decision and deregistering the mark.

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Judge slams Copyright Agency’s $32.5M interim request from universities as ‘absurd’ and ‘unfair’
Intellectual Property 2019-05-09 2:59 pm By Amelia Birnie

A group of 39 of Australia’s largest universities has managed to avoid paying its full $32.5 million annual fee to Copyright Agency Ltd, while a dispute over the terms of a licence remains unresolved.

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Ex-Radio Rentals CEO dragged into class action, says he ‘can’t afford lawyers’
Class Actions 2019-05-09 11:13 am By Amelia Birnie

A judge has granted a bid to add former Radio Rentals CEO James Marshall and the beleaguered company’s insurer, AIG Australia, as respondents in a class action, over the protests of Marshall’s lawyer, who said his client couldn’t afford to pay for his defence.

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HWL must produce files in case accusing partner of diverting client funds to pay legal bill
Legal Ethics 2019-05-08 9:06 pm By Amelia Birnie

A judge has dismissed HWL Ebsworth’s claims of a “fishing expedition” and granted discovery of a slew of  internal documents relevant to allegations a partner at the law firm encouraged a company’s directors to unlawfully divert insurance proceeds to pay almost $150,000 in legal bills.

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Crown can’t block jailed employees from talking to class action lawyers over China crackdown
Class Actions 2019-05-08 3:08 pm By Christine Caulfield

Lawyers for a shareholder class action against Crown Resorts have won their hard-fought battle to question ex-employees about the casino giant’s thwarted business in China, with a judge ruling Wednesday there would likely be a “serious adverse effect” on the administration of justice if they weren’t free to give evidence ahead of trial.

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Judge partly blocks Dexus GC’s evidence in $43.2M debt dispute with Grocon
Real Estate 2019-05-08 11:35 am By Miklos Bolza

Two Grocon units have successfully struck out portions of an affidavit by the general counsel of property management firm Dexus Property Group, claiming prejudice in a dispute over $43.2 million in allegedly unpaid debts.

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Pacific National, Aurizon await judgment in high-stakes competition case
Competition & Consumer Protection 2019-05-08 11:19 am By Cat Fredenburgh

Judgment is expected next week in the Australian Competition and Consumer Commission’s case against Pacific National alleging the rail company made an anti-competitive bid for Aurizon’s Acacia Ridge Terminal and intermodal freight business.

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Ultra Tune’s excuse for missing appeal deadline doesn’t wash, ACCC tells court
Competition & Consumer Protection 2019-05-07 9:07 pm By Amelia Birnie

The consumer regulator wants a court to throw out Ultra Tune’s appeal of a $2.6 million penalty after the national car repair franchise filed its challenge more than a month late because its lawyers “miscalculated” the deadline.

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East Timor can’t duck $328M fuel supply dispute with Lighthouse Corporation
Energy & Natural Resources 2019-05-07 8:13 pm By Miklos Bolza

The Democratic Republic of East Timor has lost its bid to dismiss a lawsuit brought by oil and gas firm Lighthouse Corporation over $328 million in alleged losses stemming from a failed fuel supply agreement, with a judge finding the court has jurisdiction to hear the case after an ICSID panel declined to arbitrate the dispute.

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