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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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Full Court says Oxworks wrongly awarded extra damages in patent suit
Intellectual Property 2020-01-09 5:14 pm By Miklos Bolza

The Full Federal Court has provided clarity around additional damages in patent cases by reducing the penalties liable to be paid by an Australian fencing and gate manufacturer found to have infringed a rival’s patent for a fence base.

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Bankruptcy trustee can rip up agreement giving litigation funder 85%
Restructuring & Insolvency 2020-01-09 2:42 pm By Miklos Bolza

A court has allowed a bankruptcy trustee to drop an “extremely disadvantageous” litigation funding agreement, which provided the funder with an 85 per cent commission, previously signed to pursue a Perth-based engineering and construction company.

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Elaine Stead hits Nine with defamation suit over Blue Sky coverage
Defamation 2020-01-09 1:31 pm By Miklos Bolza

Elaine Stead, venture capitalist and former executive director of doomed fund manager Blue Sky Alternative Investments, has filed defamation proceedings against Nine-owned Fairfax over a series of articles criticising her role in the company’s collapse.

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Judge OKs $29M settlement in Radio Rentals class action
Class Actions 2020-01-09 1:12 pm By Christine Caulfield

A judge has given his seal of approval to a $29 million settlement that resolves a class action over Radio Rentals’ Rent, Try, $1 Buy scheme alleging customers were kept in the dark about the true cost of their rentals.

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Domino’s faces possible class action by franchisees
Franchises 2020-01-08 9:47 pm By Cat Fredenburgh

A law firm bringing the second of two cases by franchisees against Domino’s Pizza is weighing a possible class action against the fast food giant.

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Canberra property developers suffer partial loss in GST class actions
Class Actions 2020-01-08 4:59 pm By Miklos Bolza

The property developers behind two Canberra apartment complexes have been dealt a partial loss in two class actions against them, with a judge finding the developers misled the lead applicants about the GST payable on their units but that only some of them were entitled to compensation or restitution.

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Law firm slams Merivale’s ‘meaningless’ concerns about $129M underpayments class action
Employment 2020-01-07 9:03 pm By Miklos Bolza

Canberra-based plaintiffs law firm Adero Law has hit back at claims by hospitality giant Merivale that their 3,000 employees would not benefit from a Fair Work class action seeking $129 million in allegedly unpaid wages, saying the concerns were “meaningless”.

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Thomson Geer faces negligence lawsuit over $120M Melbourne car park deal
Business of Law 2020-01-07 1:19 pm By Miklos Bolza

Law firm Thomson Geer is facing a negligence lawsuit by a commercial property investment firm over advice it gave in relation to a $120 million Melbourne car park acquisition.

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Ben Roberts-Smith loses bid for journalists’ sources in defamation case
Defamation 2020-01-07 11:09 am By Miklos Bolza

War veteran Ben Roberts-Smith has been denied access to evidence revealing the identity of confidential sources that leaked information concerning alleged war crimes in Afghanistan that were detailed in news articles at the centre of a defamation lawsuit.

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