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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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Clive Palmer can’t stay battle in decade-long ‘litigious warfare’ with CITIC
Energy & Natural Resources 2021-05-28 11:28 pm By Christine Caulfield

Billionaire Clive Palmer has lost his attempt to shut down a breach of contract case over the $5.8 billion Sino Iron project brought by the Hong Kong-based mining conglomerate CITIC, the latest front in the “theatres of conflict” between the warring parties.

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Climate change class actions likely as court finds duty of care owed to children
Class Actions 2021-05-28 2:03 pm By Miklos Bolza

Class actions are the next battleground following Thursday’s Federal Court ruling that the government owes a duty of care to protect children from the risks of climate change, according to a number of legal experts.

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Government owes duty of care to protect children from climate change, court rules
Energy & Natural Resources 2021-05-27 11:07 am By Miklos Bolza

The federal Minister for the Environment owes a duty of care to children who could suffer “catastrophic” harms from increased greenhouse gas emissions that would result from approving the expansion of Whitehaven’s Vickery coal mine, a judge has ruled.

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In victory for Glencore, High Court won’t weigh in on landmark transfer pricing ruling
Tax 2021-05-26 11:03 am By Cat Fredenburgh

The High Court has denied the ATO’s request that it weigh in on Australia’s transfer pricing regime, leaving in place a Full Court victory for mining giant Glencore that left it paying $2 million of a $92 million bill relating to the sale of copper from a mine in Cobar, NSW.

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Court scuttles Adani’s water plans for Carmichael coal mine
Energy & Natural Resources 2021-05-25 5:27 pm By Christine Caulfield

Adani’s controversial Carmichael coal mine in Queensland has hit another potential snag, with the Federal Court on Tuesday sending the company’s moves to pump 12.5 billion litres of water a year from the Suttor River back to square one.

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Clive Palmer hit with costs for ‘desultory and inefficient’ contempt case against WA Premier
COVID-19 2021-05-24 1:06 pm By Cat Fredenburgh

The High Court has ordered mining magnate Clive Palmer to pay Western Australia Premier Mark McGowan’s costs for contempt proceedings brought against him during the war of words that erupted between the pair over the state’s decision to close its borders at the height of the coronavirus pandemic last year.

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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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Grant Thornton can bring cross-claim against Forge Group
Professional Negligence 2021-05-21 9:35 pm By Cat Fredenburgh

Grant Thornton has won approval to a bring a cross-claim against Forge Group, just three months ahead of trial in the collapsed engineering company’s case against the accounting firm and ten former directors for their alleged negligence in relation to its “uneconomic” purchase of CTEC in 2012.

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Shell wins appeal over deductions from WA gas exploration project
Tax 2021-05-17 4:11 pm By Miklos Bolza

Fossil fuel giant Shell Australia has partially won a challenge to a tax office decision denying deductions claimed over an acquisition the increased the company’s stake in Woodside Energy’s Browse Basin gas exploration joint venture project.

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