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ACCC wins temporary halt to Virtus’ acquisition of Adora
Competition & Consumer Protection 2021-10-14 7:02 pm By Cat Fredenburgh

The ACCC has won an interim injunction blocking IVF provider Virtus Health from completing its purchase of rival Adora Fertility on Friday.

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IOOF unit loses bid to strike out ASIC’s cybersecurity case
Privacy & Cybersecurity 2021-10-07 1:26 pm By Cindy Cameronne

IOOF unit RI Advice has lost its bid to strike out ASIC’s novel case claiming it failed to protect its clients against cybersecurity risks, but a judge has chastised the regulator for causing “needless confusion” and “wasted time”.

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Judge denies law firm’s bid for indemnity costs, says $2.7M case not ‘hopeless’
Business of Law 2021-09-22 5:10 pm By Bianca Hrovat

A Melbourne law firm has lost its bid for indemnity costs after it failed to convince a judge that its settlement offer to a former client was anything more than a demand to capitulate in a “hard fought” legal battle over a $24.5 million East Melbourne development.

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ASIC’s cybersecurity test case ‘completely incoherent’, IOOF unit tells judge
Privacy & Cybersecurity 2021-09-06 9:47 pm By Bianca Hrovat

An IOOF unit accused of failing to protect its clients against cybersecurity risks has slammed ASIC’s claims in the novel case, describing the regulator’s further amended statement of claim as “grossly unfair” and “completely incoherent”.

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Law firm would have had onus of proof in Arrium cross-claim defence, judge says
Business of Law 2021-08-19 11:56 pm By Christine Caulfield

Herbert Smith Freehills this week escaped a cross-claim that its advice made it liable for the alleged losses of Arrium’s lenders, but the judge who tossed the claim along with the banks’ cases expressed doubts about one of the law firm’s key arguments, a warning to other firms caught up in litigation as so-called concurrent wrongdoers.

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Banks lose cases against directors over $2.8B collapse of steel giant Arrium
Restructuring & Insolvency 2021-08-17 12:15 pm By Christine Caulfield

A judge has dismissed two cases brought by the Commonwealth Bank, Westpac and other lenders against directors of the failed steel giant Arrium, saying he was not satisfied the directors’ representations on loan drawdown notices were false or that the company was insolvent when it went into voluntary administration in April 2016.

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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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