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Judge has ‘real misgivings’ about security for costs bid in casual worker class actions
Class Actions 2019-06-17 10:08 pm By Miklos Bolza

A judge has baulked at an application by labour hire company Chandler Macleod and BHP unit Mt Arthur Coal seeking security for their legal costs in two casual worker class actions, saying Fair Work cases were not the same as shareholder class actions.

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AIG loses appeal over insolvency exclusion in Kaboko Mining D&O policy
Insurance 2019-06-14 9:13 pm By Cat Fredenburgh

AIG Australia has failed to convince the Full Federal Court that an insolvency exclusion in a directors and officers policy held by Kaboko Mining should exempt it from covering claims brought by the collapsed mining company against four former executives after a failure to repay a US$5.95 million loan allegedly led to the company’s insolvency.

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Spain to claim sovereign immunity in suit over $392M arbitration award
Arbitration 2019-06-13 7:57 pm By Miklos Bolza

The Kingdom of Spain is contesting attempts to enforce two arbitration awards worth $392 million in the Federal Court, claiming sovereign immunity as it attempts to shut the proceedings down.

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East Timor tries again to shut down case over $328M fuel supply contract
Energy & Natural Resources 2019-06-07 9:47 pm By Miklos Bolza

The government of East Timor will appeal a Victorian Supreme Court judgment dismissing its application to throw out a case brought by oil and gas firm Lighthouse Corporation over a failed fuel supply agreement.

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Privilege not waived by Allens lawyer’s inadvertent disclosure, court says
Energy & Natural Resources 2019-06-07 9:26 pm By Amelia Birnie

A court has ordered the plaintiffs in a coal mine development contract dispute to destroy unredacted copies of privileged legal advice that were inadvertently disclosed by a solicitor for Allens, which was acting for the other side.

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Judges shoot down last-minute bid to amend Adani native title appeal
Appeals 2019-06-05 12:12 pm By Amelia Birnie

A group of Indigenous Australians opposed to Adani’s Carmichael coal mine in Queensland have lost an eleventh hour bid to add extra grounds to their native title appeal, as they wait for a decision from the Full Federal Court.

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‘Diamond Joe’ Gutnick’s company ordered to pay debts or face winding up
Restructuring & Insolvency 2019-05-31 3:55 pm By Miklos Bolza

An appeals court has ordered a phosphate mining company owned by mining magnate Joseph Gutnik to pay back more than $225,000 owed to the Queensland state government or face immediate liquidation, accusing the company of showing a “cavalier attitude” towards earlier orders made by the court.

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Judge tosses class action over Rudd Government’s home insulation subsidy program
Class Actions 2019-05-31 2:56 pm By Cat Fredenburgh

The government has won a victory following a lengthy trial in a class action brought on behalf of businesses alleging they were harmed when the Rudd Government cancelled a program that subsidised home insulation installations during the economic downturn.

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Piper Alderman says costs breach in KPMG class action ‘obviously accidental’
Class Actions 2019-05-31 2:42 pm By Amelia Birnie

Piper Alderman has urged a judge to excuse its “obviously accidental” breach of legal profession costs regulations in its Discovery Metals investor class action against KPMG, warning that group members could suffer detriment if its $3.5 million legal bill was not approved quickly.

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Squire Patton Boggs emails privileged in dispute over Pilbara power purchase agreement
Energy & Natural Resources 2019-05-31 10:57 am By Miklos Bolza

The court has blocked a unit of Fortescue Metals Group from accessing emails sent by Squire Patton Boggs about a now disputed power purchase agreement, saying the communications are privileged.

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