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Virgin class action wants DOCA indemnity clause amended to reflect ‘what creditors were told’
Restructuring & Insolvency 2023-05-31 4:39 pm By Sam Matthews

A class action of bond holders accusing Virgin Australia of failing to disclose its true financial position in a 2019 prospectus for a capital raising wants a contentious indemnity clause in the airline’s DOCA narrowed, in proceedings a judge has said “increasingly resemble a farce”.

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More law firms ready class actions over Downer’s $40M earnings overstatement
Class Actions 2023-05-15 3:49 pm By Christine Caulfield

More class action law firms have pounced on Downer EDI’s “accounting irregularities” that led to the company overstating profits by up to $40 million.

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Crown, AUSTRAC reach deal on penalty but court wants guidance on ill-gotten profits
AUSTRAC 2023-05-12 3:25 pm By Sam Matthews

Crown Resorts has reached agreement on a proposed penalty in AUSTRAC’s case alleging “widespread and serious non-compliance” with anti-money laundering and counter terrorism financing laws, but the presiding judge says more information is needed for the court to fix a fine.

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Lenders of collapsed Arrium lose appeal over directors’ loan drawdowns
Financial Services 2023-05-10 12:23 pm By Sam Matthews

Commonwealth Bank and other lenders of failed steel giant Arrium have lost a second attempt to put two of the company’s directors on the hook for alleged misleading representations on loan drawdown notices ahead of its $2.8 billion collapse.

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Optus fronts Competition Tribunal to warn about ‘troubling’ $1.8B Telstra, TPG deal
Competition & Consumer Protection 2023-05-09 11:36 pm By Cindy Cameronne

Telstra and TPG have asked the Competition Tribunal to undo the ACCC’s rejection of their proposed regional network sharing agreement, but fellow telco Optus has warned the deal would kneecap its ability to compete.

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Tinkler case against Mach Energy dismissed after security for costs goes unpaid
Employment 2023-05-09 4:09 pm By Christine Caulfield

A lawsuit by the companies of mining executive Nathan Tinkler against MACH Energy alleging misuse of confidential information has been tossed after the deadline for paying security for costs came and went.

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Virgin quashes Rex’s ‘Economy X’ trade mark
Intellectual Property 2023-05-03 4:32 pm By Cindy Cameronne

Virgin Australia has won its opposition to rival Regional Express’ bid to trade mark ‘Economy X’, with an IP Australia delegate finding Virgin had an earlier claim to ownership of an identical mark. 

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Nuix class action to go ahead despite ASIC case
Class Actions 2023-05-02 3:58 pm By Sam Matthews

A shareholder class action against software company Nuix will go ahead as planned, after a stay application threatened to put the proceeding on ice pending the outcome of a separate case brought by ASIC.

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Katy Perry loss shows fame no ticket to ride ‘roughshod’ over trade mark owners
Analysis 2023-05-01 12:36 pm By Christine Caulfield

An infringement ruling against US singer Katy Perry in a case brought by an Australian fashion designer is a “win for the little guy”, experts say, showing that fame doesn’t give celebrities a blank cheque to exploit their brand at the expense of someone’s else’s registered trade mark.

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High Court asked to weigh in on Toyota class action over defective diesel filters
Product Liability 2023-04-28 4:48 pm By Christine Caulfield

Damages for reduction in value under the Australian Consumer Law are at the centre of competing special leave applications to the High Court filed by Toyota and the lead applicant in a class action over defective diesel filters.

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