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ACCC to push for stronger powers to crack down on unfair contract terms
Competition & Consumer Protection 2018-09-02 11:31 pm By Cat Fredenburgh

The law should be altered to make unfair contract terms illegal, ACCC Chair Rod Sims says, and the regulator plans to use its clout to push for the change.

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Unanswered Pinsent Masons emails show retainer was terminated, appeals court says
Contracts 2018-08-31 11:29 pm By Cat Fredenburgh

Spanish construction company TĂ©cnicas Reunidas can’t block two Pinsent Masons solicitors, formerly with Norton Rose, from representing Downer EDI Engineering in an ICC arbitration between the two companies, with an appeals court saying unanswered emails provided sufficient proof a retainer had been terminated.

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Judge OKs $3M settlement in Kagara shareholder class action
Class Actions 2018-08-27 8:34 pm By Miklos Bolza

A $3 million settlement in the shareholder class action against the directors of failed mining company Kagara has been approved, with a Federal Court judge saying the amount is fair and reasonable despite two-thirds of it going to the lawyers and funder that brought the case.

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Hancock fights back against doc bid in Rinehart family feud
Energy & Natural Resources 2018-08-27 11:24 am By Miklos Bolza

Hancock Prospecting, owned by mining magnate Mrs Gina Rinehart, is fighting a bid by daughter Ms Bianca Rinehart to access the company’s books and records, saying an upcoming High Court decision may change the fate of the case.

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Rinehart family feud turns on a word, High Court hears
Contracts 2018-08-22 9:49 pm By Christine Caulfield

The bitter dispute between Gina Rinehart and two of her children over billions of dollars in iron ore mining assets may come down to how the High Court interprets a single word in an arbitration clause of agreements signed by the warring family members.

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Adani beats native title challenge to Queensland coal mine
Energy & Natural Resources 2018-08-21 11:06 pm By Cat Fredenburgh

A group of Indigenous Australians has failed to block Adani Mining’s $16 billion development of the proposed Carmichael coal mine in central Queensland, with a judge dismissing the claims as “void of merit”.

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ACCC lost cartel case because Loyal, Cascade were not competitors, judge rules
Competition & Consumer Protection 2018-08-20 11:44 pm By Christine Caulfield

The two coal companies at the centre of an ACCC case alleging an unlawful agreement to rig the tender process for mining exploration licenses were not competitors, a judge has ruled in dismissing the watchdog’s cartel case.

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Casual worker with predictable roster entitled to annual leave, Full Court says
Employment 2018-08-16 11:08 pm By Christine Caulfield

A casual worker hired as a truck driver at a Rio Tinto coal mine was entitled to annual leave, the Full Federal Court said Friday in a landmark judgement that says employees on predictable, regular shifts are not casual even when employers give them the designation.

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BHP pays $50M to settle US class actions over Samarco mine
Class Actions 2018-08-09 3:49 pm By Christine Caulfield

Mining giant BHP Billiton has reached a $50 million deal to settle the US class action over the 2015 dam failure at the Samarco mine in Brazil.

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Iluka Resources says shareholders didn’t read the fine print
Class Actions 2018-08-09 11:25 am By Cat Fredenburgh

Iluka Resources has shot back at claims in a shareholder class action that it made misleading statements about projected sales volumes, saying the statements were accompanied by extensive disclaimers about its ability to predict future sales.

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