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Appeals court clarifies peak indebtedness rule in partial win for Gunns creditor
Restructuring & Insolvency 2021-05-11 12:57 pm By Miklos Bolza

An unsecured creditor of collapsed forestry giant Gunns Group has partially succeeded on appeal of a judgment that ordered repayment of $2 million that Gunns had transferred in 2021 despite trading while insolvent.

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Vic Solar hit with $3M penalty for consumer law violations
Competition & Consumer Protection 2021-05-10 10:10 pm By Cindy Cameronne

A judge has hit solar panel supplier Vic Solar with a $3 million penalty for breaching the consumer law by making misleading representations in thousands of door-to-door sales of solar panels.

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ASIC follows courts with funder relief from costs disclosures in litigation
Class Actions 2021-05-10 8:52 pm By Miklos Bolza

ASIC has taken a leaf out of the playbook of Australia’s courts in granting litigation funders temporary relief from having to disclose certain sensitive financial information in their product disclosure statements.

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Quintis class action settlement to drag on with insurers’ appeal
Appeals 2021-05-10 5:03 pm By Cat Fredenburgh

Two insurers have appealed a ruling that could provide a further $11.25 million to group members in a class action against sandalwood producer Quintis, further delaying finalisation of a settlement reached in the group proceeding over a year ago.

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HWL Ebsworth forced to hand over client file notes to ANZ whistleblower
Business of Law 2021-05-10 4:48 pm By Miklos Bolza

HWL Ebsworth has been ordered to hand over file notes to a former client and whistleblower suing ANZ for unfair dismissal, with a judge rejecting the law firm’s argument that the notes were created solely for the benefit of the junior solicitor taking them.

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Judge slams Monsanto’s ‘highly unsatisfactory’ behaviour in Roundup class action
Class Actions 2021-05-10 4:27 pm By Miklos Bolza

A judge has criticised agricultural giant Monsanto for its “highly unsatisfactory” conduct in ignoring court orders in a class action over its allegedly cancer-causing Roundup pesticides.

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AGL Energy sues Greenpeace for using logo in ‘Australia’s biggest climate polluter’ campaign
Intellectual Property 2021-05-10 4:02 pm By Cat Fredenburgh

AGL Energy has dragged Greenpeace Australia Pacific to court for using its logo in a campaign that labelled the company “Australia’s biggest climate polluter” and accused it of “significant environmental breaches”.

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ACCC to argue Epic’s dispute with Apple should be heard in Australia
Competition & Consumer Protection 2021-05-10 10:31 am By Cat Fredenburgh

The Australian Competition and Consumer Commission is seeking leave to intervene in Epic Games’ appeal of a ruling that sent its misuse of market power lawsuit against Apple to California so that it can argue the case should be heard in Australia.

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$112M Robodebt class action settlement has ‘bigger set of losers’ than normal, court hears
Class Actions 2021-05-07 10:12 pm By Miklos Bolza

A court-appointed contradictor has asked for changes to a $112 million settlement in the Robodebt class action against the federal government, saying it is unfair that some group members won’t receive financial compensation from the settlement, which had a “bigger set of losers” than normal.

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Rape allegations ‘could not be dismissed as trivial’, ABC says in defence to Porter suit
Defamation 2021-05-07 9:03 pm By Cat Fredenburgh

The ABC has come out swinging in its defence to former attorney-general Christian Porter’s lawsuit over an allegedly defamatory article concerning historical rape allegations, saying there were reasonable grounds for suspecting Porter brutally raped a girl when they were teenagers and that it had a duty to publish the article.

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