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Judge allows hindsight evidence in lawsuit over Metal Storm’s collapse
Restructuring & Insolvency 2019-12-04 3:09 pm By Miklos Bolza

A US institutional investor can use hindsight evidence in its breach of contract case against a former ANZ Bank trustee over the winding up of failed defence tech firm Metal Storm.

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Clive Palmer ‘didn’t like the price’ of Twisted Sister licence, court hears
Intellectual Property 2019-12-04 1:58 pm By Miklos Bolza

Billionaire and former politician Clive Palmer knew he needed a licence to use Twisted Sister’s hit song ‘We’re Not Gonna Take It’ but went ahead and used the song anyway in his political campaign ads because he “didn’t like the price,” the Federal Court has heard.

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Arrium liquidators to keep up fight with shareholders over questioning of ex-director
Restructuring & Insolvency 2019-12-03 10:31 pm By Cat Fredenburgh

Liquidators of collapsed steel and mining company Arrium will challenge a ruling that gave shareholders the greenlight to question a former director to mount a possible class action, and have secured a limited stay of the judgment to lodge a notice of appeal.

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Clive Palmer accused of ‘moral obloquy’ in $37.4M class action by timeshare members
Class Actions 2019-12-03 9:08 pm By Cat Fredenburgh

Clive Palmer and associated companies have been accused of unconscionable conduct and “moral obloquy” in a new $37.4 million class action by timeshare members of the billionaire’s now abandoned Palmer Coolum Resort.

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Judge looks out for pensioners as NAB ‘junk’ insurance class action settlement approval delayed
Class Actions 2019-12-03 2:37 pm By Miklos Bolza

A judge on Tuesday questioned how elderly group members struggling with the digital age can register in a ‘junk’ insurance class action against National Australia Bank, amid the postponement of hearing to approve the $49.5 million settlement reached in the case.

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Settlement approval in second Murray Goulburn class action could be ‘messier’, judge says
Class Actions 2019-12-03 2:01 pm By Christine Caulfield

A judge has rejected a proposal to jointly hear argument for approval of settlements in two class actions against milk supplier Murray Goulburn, saying the issues in one case — led by the legal team under scrutiny for alleged professional misconduct in a separate class action — could be more complicated.

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APRA ‘actively considering’ next steps against Westpac in wake of AUSTRAC lawsuit
Financial Services 2019-12-02 5:06 pm By Miklos Bolza

APRA’s chairman has told Parliament that the regulator is “actively considering” what action it should take against Westpac in light of recent allegations by AUSTRAC that the bank breached anti-money laundering laws on 23 million occasions.

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Court finds Atlas liquidators entitled to view Ashurst advice
Restructuring & Insolvency 2019-12-02 3:16 pm By Miklos Bolza

The liquidators of Atlas Construction have won access to advice supplied by law firm Ashurst as they pursue examination proceedings against two of the company’s former directors.

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Class action says Woolworths owes $620M in underpayments
Class Actions 2019-12-02 11:47 am By Cat Fredenburgh

Woolworths is facing a class action alleging it underpaid workers to the tune of $620 million, more than double what the supermarket giant estimated when it disclosed the underpayments scandal last month.

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Bendigo and Adelaide Bank appeals loss of 20-year-old trade mark
Intellectual Property 2019-11-29 11:09 pm By Christine Caulfield

Arguing the court was wrong to rule that its trade mark was not inherently distinctive, Bendigo and Adelaide Bank is challenging a judgment that revoked its 20-year-old mark for ‘Community Bank’.

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