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‘Potentially difficult’: Lawyers weigh in on novel insolvency ruling
Restructuring & Insolvency 2023-04-19 1:29 pm By Sam Matthews

Senior restructuring and insolvency lawyers have welcomed a novel ruling that found a liquidator was entitled to claim his costs ahead of the preferred claims of company employees, but questions remain about the “potentially difficult” interaction between two conflicting priority regimes.

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Judge won’t stay reference in ‘monumental’ Santos, Fluor litigation
Energy & Natural Resources 2023-04-19 10:48 pm By Sam Matthews

A judge won’t stay a reference process which US company Fluor claims is infected with bias, in a “monumental” dispute with energy giant Santos that has already generated a $57.5 million legal bill for the engineering firm.

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Myer exec says she was fired for complaining about GM’s ‘belittling’ conduct
Employment 2023-04-19 1:53 pm By Cindy Cameronne

A sacked Myer executive has brought Fair Work proceedings against her former employer, seeking over $700,000 in compensation after she was allegedly unfairly dismissed for complaining about a general manager’s “belittling” conduct. 

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$50M settlement approved in NT Stolen Generation class action
Class Actions 2023-04-17 4:35 pm By Cindy Cameronne

A judge has approved a $50.45 million settlement in a class action by family members and deceased estates of the Northern Territory Stolen Generations. He has also approved a 13 per cent funding commission by way of a common fund order, saying debates about CFOs had become “lost in the label”.

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Judge says liquidator can be paid ahead of preferred creditors
Restructuring & Insolvency 2023-04-17 11:15 pm By Sam Matthews

In a novel decision, a judge has found that a liquidator is entitled to claim his “arguably disproportionate” costs ahead of the preferred claims of company employees.

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Vittoria can’t transfer IP spat over Moccona instant coffee jar
Intellectual Property 2023-04-17 4:11 pm By Christine Caulfield

Coffee brand Vittoria can’t transfer a case over the trade mark for rival Moccona’s instant coffee jar from one Federal Court registry to another, with a judge reminding the company that the court was “well into the 21st century” and could livestream hearings without the need for interstate travel.

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In loss for Haymarket builder, appeals court says new defect claims not new cause of action
Appeals 2023-04-17 10:25 pm By Sam Matthews

The builder of an allegedly defective Haymarket apartment building has lost an appeal of a decision which found that separate breaches of statutory building warranties do not create individual causes of action.

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‘You are not working at RMIT’: Art school dean fired over Instagram for taking leave, suit says
Education 2023-04-14 11:07 pm By Cindy Cameronne

The former dean of art school LCI Melbourne is seeking over $860,000 in compensation in a case alleging she was unfairly sacked via Instagram direct message because she took paid annual leave during “the most important term of the year”.

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Forex broker representative loses challenge to ASIC expert opinion
Competition & Consumer Protection 2023-04-14 4:35 pm By Cindy Cameronne

The authorised representative of forex broker Union Standard can’t exclude parts of an opinion by an ASIC-appointed expert in a case alleging it traded in margin products with Chinese clients despite knowing it was illegal under Chinese law.

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Directed Electronics appeals partial loss in case over ‘reprehensible’ trade secrets theft
Intellectual Property 2023-04-14 11:38 pm By Christine Caulfield

Car electronics company Directed Electronics has challenged a ruling that partially dismissed its case over the alleged misappropriation of trade secrets by a former manager, who was found to have pocketed $3.6 million in commissions through a secret agreement with rival Hanhwa.

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