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Judge ‘pleasantly surprised’ by virtual trials, refuses to delay GetSwift hearing
Trials 2020-04-09 8:07 pm By Alison Eveleigh

A judge has refused to delay a civil penalty hearing brought by ASIC against GetSwift, scheduled to begin in June, after the logistics company argued that the virtual hearing necessitated by the COVID-19 pandemic would be prejudicial and the proceedings should be adjourned.

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Land developer Tina Bazzo loses fight to keep liquidators’ examinations secret
Restructuring & Insolvency 2020-04-09 4:30 pm By Christine Caulfield

WA-based land developer Tina Bazzo and her partner Allen Caratti have failed in their challenge to a ruling that liquidators’ examinations should not be held in private despite a large scale ongoing criminal investigation of the pair.

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Aldi takes another shot at misleading conduct case against TWU
Appeals 2020-04-07 6:01 pm By Miklos Bolza

German grocery store Aldi Foods has appealed a Federal Court decision dismissing its case against the Transport Workers Union on a “legal technicality” despite a finding that material disseminated by the union was likely to mislead.

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ACCC was unreasonable to pursue cartel appeal, Cussons says
Competition & Consumer Protection 2020-04-03 9:54 pm By Miklos Bolza

Personal healthcare giant PZ Cussons is seeking indemnity costs from the ACCC, claiming the regulator unreasonably rejected a settlement offer in its case over an alleged laundry detergent cartel.

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Sparke Helmore says it should have to pay no more than $7.6M of IOOF judgment
Appeals 2020-04-03 9:24 pm By Alison Eveleigh

Sparke Helmore has admitted that legal advice it provided to IOOF subsidiary Australian Executor Trustees was inadequate but has argued it should be responsible only for up to 10 per cent of the $76.6 million judgment against AET over the sale of a timber plantation by collapsed forestry giant Gunns Group.

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Sparke Helmore equally responsible for $76M judgment against IOOF unit, court hears
Appeals 2020-04-02 10:37 pm By Alison Eveleigh

Sparke Helmore is equally responsible for a $76.6 million judgment against IOOF subsidiary Australian Executor Trustees over the sale of a timber plantation by collapsed forestry giant Gunns Group, an appeals court heard Thursday.

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COVID-19 pandemic no excuse to delay $2.5B Icthys LNG case, judges say
Energy & Natural Resources 2020-03-31 3:25 pm By Alison Eveleigh

An appeals court has found that parties forced to conduct hearings via telephone or video conference in the wake of the COVID-19 pandemic are not disadvantaged by the new arrangements, refusing to delay the appeal of a $2.5 billion contractual dispute concerning the Ichthys gas project in the Northern Territory until the parties can appear in person before the court.

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7-Eleven class actions mull contempt motion after losing appeal over franchisee communications
Class Actions 2020-03-27 3:25 pm By Miklos Bolza

The lead applicants in two class actions against 7-Eleven are considering bringing a contempt of court motion against the convenience store giant after the Full Federal Court derailed their challenge to prior orders allowing the company to seek litigation releases from franchisees.

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Banks defeat mid-trial request by ex-Dick Smith directors for financial reports
Class Actions 2020-03-24 5:05 pm By Miklos Bolza

National Australia Bank and HSBC, which are suing the liquidators of collapsed retailer Dick Smith to recoup over $125 million in loans, have successfully fought off a bid by two former company directors for a series of financial reports.

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Spain appeals $375M ruling in arbitration spat over energy investments
Arbitration 2020-03-24 1:16 pm By Christine Caulfield

The Kingdom of Spain is keeping up its fight against the enforcement of two arbitration awards putting it on the hook for paying two investment companies $375 million.

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