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Fairfax wants to use DOJ docs to bolster defence in Chau Chau Wing defamation case
Defamation 2019-03-21 10:14 pm By Cat Fredenburgh

Fairfax Media will seek to use documents provided by the US Department of Justice to amend its defence in a defamation case brought by wealthy Chinese-Australian businessman Chau Chak Wing over articles that appeared in the Sydney Morning Herald linking him to an international bribery scandal.

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Trader wants over $10M in damages in ASIC defamation case
Defamation 2019-03-21 10:10 pm By Miklos Bolza

Trader Daniel Schlaepfer and his firm Select Vantage are seeking over $10 million in damages from the Australian Securities and Investments Commission in a defamation action against the corporate regulator, a court heard Thursday on the fourth day of trial in the case.

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Class actions in NSW Supreme Court do not require plaintiffs to have a claim against all defendants
Expert Insights 2019-03-21 9:17 pm By Christine Caulfield

In a first for the NSW Supreme Court, Judge Peter Garling last week found that the plaintiff in a class action does not need to have a claim against all defendants, a case that could make life much easier for plaintiff lawyers, says barrister Daniel Meyerowitz-Katz of Second Floor Wentworth Chambers.clas

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Termite Resources directors must pay $7M for keeping insufficient cash on hand
Restructuring & Insolvency 2019-03-21 3:21 pm By Christine Caulfield

A judge has ordered directors of collapsed mining company Termite Resources to pay $7 million in damages after finding they breached their duty by distributing more than $46 million to its parent company and failing to maintain a cash reserve of at least $10 million.

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Receivers can pay priority claims of employees directly, judge rules
Construction 2019-03-20 10:32 pm By Christine Caulfield

Receivers, not just liquidators, can distribute assets to satisfy priority claims of an insolvent company’s employees, a judge has ruled, settling a question of law under the Corporations Act.

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Whitehaven Coal fined $38k for hazardous fumes at blast site
Environment 2019-03-20 9:29 pm By Miklos Bolza

Australia’s largest independent coal producer Whitehaven Coal Mining has been convicted and fined $38,500 after potentially harmful gas drifted from one of its mines across neighbouring farmland.

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Sandoz wins stay of $26.3M Lexapro judgment
Intellectual Property 2019-03-20 3:41 pm By Miklos Bolza

Generic pharmaceutical firm Sandoz has won a temporary stay of a $26.3 million judgment in a patent case as it awaits a decision by the Commissioner of Patents regarding a licence to make a cheaper version of the bestselling antidepressant Lexapro.

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Class action trial against WorleyParsons back on as new judge steps in
Class Actions 2019-03-20 12:55 pm By Miklos Bolza

Trial in a shareholder class action against engineering company WorleyParsons will be heard by a new judge in late August, six months after it was unexpectedly vacated.

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ASIC wins case to wind up landbanking scheme Aviation 3030
Securities 2019-03-19 11:54 pm By Christine Caulfield

The Australian Securities and Investments Commission has won its bid to appoint liquidators to solvent landbanking company Aviation 3030, with a judge saying ASIC’s public-interest case for the scheme’s winding up was “overwhelming”.

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Bird & Bird lawyer’s communications not privileged in IP fight over Golden Girls parody
Intellectual Property 2019-03-19 10:55 pm By Cat Fredenburgh

A judge has rejected a claim of legal privilege over emails at the centre of a copyright lawsuit over a puppet-show parody of the 80s sitcom Golden Girls, a production that has spawned legal action between the collaborators in New York and Australia.

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