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High Court guts peak indebtedness rule in loss for Gunns creditor
High Court 2023-02-08 4:23 pm By Cindy Cameronne

Liquidators for collapsed forestry giant Gunns Plantations have lost a High Court appeal over $1.2 million in payments to a former supplier that confirmed the so-called peak indebtedness rule does not apply in Australian insolvency law.

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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Intellectual Property 2022-12-08 4:30 pm By Cindy Cameronne

A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.

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High Court to weigh in on penalties for foreign bribery violations
High Court 2022-11-17 11:49 pm By Cat Fredenburgh

The High Court has agreed to hear prosecutors’ appeal of a “manifestly inadequate” $1.35 million penalty against an engineering firm for bribing foreign officials in Vietnam to secure $10 million in infrastructure contracts.

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High Court rejects Worley’s plea to weigh in on disclosure test in shareholder class actions
Class Actions 2022-10-21 11:32 pm By Christine Caulfield

In a boost to shareholder class actions, the High Court has dismissed an application by engineering services firm Worley to appeal a finding that companies should disclose to the market forecasts that ought reasonably to have been held.

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Mayfair’s James Mawhinney wants High Court to shut down ASIC case
Appeals 2022-10-12 9:43 pm By Sam Matthews

The founder of beleaguered investment group Mayfair 101, James Mawhinney, has asked the High Court to overturn his own successful Full Court appeal of a decision that saw him banned from soliciting funds or promoting any financial product for 20 years.

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Mayfair 101 loses appeal of $30M penalty in ASIC’s misleading conduct case
Financial Services 2022-10-10 12:08 pm By Christine Caulfield

In a win for the corporate regulator, an appeals court has rejected investment group Mayfair 101’s appeal of a $30M penalty following a judge’s finding that it misled investors about the level of risk of its financial products.

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Law firm heads sing praises of ‘compassionate’ new High Court judge
High Court 2022-09-30 3:06 pm By Cindy Cameronne

For many in the legal profession the choice of Justice Jayne Jagot to replace the outgoing Justice Patrick Keane on the High Court, heralding a new era of judicial diversity on the top bench, was hardly a surprise.

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Full Court upholds validity of Pfizer’s Dynastat patent
Intellectual Property 2022-09-30 4:58 pm By Cindy Cameronne

A judge has thrown out competing appeals of a decision finding Pfizer’s patent for its post-operative injectable painkiller Dynastat is valid and that Australian drug maker Juno Pharmaceuticals infringed the patent by selling generic versions of the drug in Australia.

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Justice Jayne Jagot picked for High Court in historic appointment
High Court 2022-09-29 10:47 am By Cindy Cameronne

Federal Court Justice Jayne Jagot has been appointed as the seventh ever female Justice of the High Court, marking the first time in Australia’s history that a majority of judges on Australia’s top court are women.  

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60 Minutes episode invited ‘condemnation’ of bank boss Peter Schiff, judge finds
Defamation 2022-09-23 3:17 pm By Cindy Cameronne

A judge has found that a 60 Minutes broadcast by Nine, but not a related article, carried defamatory meanings about Euro Pacific Bank boss Peter Schiff, saying the broadcast’s  use of ominous music and shadowy figures invited judgment from viewers.

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