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ASIC case over US Navy program ignores disclosure rule exceptions, Austal CEO tells court
ASIC 2021-07-08 3:13 pm By Christine Caulfield

The former boss of defence shipbuilder Austal, who is facing penalty proceedings by ASIC, has told a court the regulator’s case was based on information that fit within a carveout to the ASX listing rules on continuous dislosure to the market.

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Arrium settlement was a ‘substantial compromise’, judge says
Restructuring & Insolvency 2021-07-05 4:05 pm By Cat Fredenburgh

A settlement reached in a lawsuit by the liquidators of collapsed steel giant Arrium against 10 former company directors accused of insolvent trading has been approved by a judge, who noted that while the settlement amount was “substantial”, the deal involved a “substantial compromise”.

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Law firm defeats ex-client’s lawsuit over $24.5M property spat
Legal Ethics 2021-07-05 2:46 pm By Cindy Cameronne

A Melbourne law firm has triumphed in a lawsuit by a former client that accused it of breaching its fiduciary duty in “hard-fought” litigation over a $24.5 million East Melbourne development.

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BHP asks High Court to weigh in on inclusion of foreign investors in class action
Appeals 2021-07-05 11:56 am By Cat Fredenburgh

Global resources giant BHP Group is seeking special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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BHP loses ‘highly problematic’ bid to exclude foreign investors from class action
Appeals 2021-06-03 10:10 am By Cindy Cameronne

Global resources giant BHP Group has lost an appeal in its fight to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster, after arguing the class action regime applies only to those in Australia.

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BHP tells Full Court class action regime only for Australian residents
Class Actions 2021-05-21 11:41 pm By Miklos Bolza

Global resources giant BHP Group has asked the Full Court to rule foreign investors should be excluded from a shareholder class action over the 2015 Fundao dam disaster, arguing the class action regime only applies to those in Australia.

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Settlement reached in lawsuit against Arrium directors
Restructuring & Insolvency 2021-05-05 5:26 pm By Cat Fredenburgh

A mid-trial settlement has been reached in a lawsuit brought by the liquidators of collapsed steel giant Arrium against 10 former company directors and officers for allegedly engaging in insolvent trading.

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Herbert Smith Freehills says Arrium lenders ‘a million miles away’ from properly run case
Restructuring & Insolvency 2021-03-04 6:54 pm By Miklos Bolza

Law firm Herbert Smith Freehills has attacked a lawsuit brought by a group of lenders against collapsed steel giant Arrium, rejecting claims that $430 million in loans was borrowed under misleading or deceptive representations.

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Former Arrium group treasurer rejects liquidators’ ‘infected’ insolvency case
Restructuring & Insolvency 2021-03-03 6:16 pm By Miklos Bolza

The former group treasurer of collapsed steel giant Arrium has hit back at claims brought by the company’s liquidators that it was trading while insolvent, arguing the case had been ‘infected’ by evidence from an expert who was also a plaintiff in the case.

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Herbert Smith Freehills warned Arrium of insolvent trading risk, court told
Restructuring & Insolvency 2021-03-02 5:43 pm By Miklos Bolza

Doomed iron and steel giant Arrium attempted to stave off its inevitable $2.8 billion collapse and put off negotiating with its lenders until the last minute despite warnings from its legal and financial advisors, liquidators for the company told the court.

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