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Arrium lenders file High Court challenge over directors’ loan drawdowns
Restructuring & Insolvency 2023-07-25 3:58 pm By Cindy Cameronne

Commonwealth Bank and other lenders of Arrium have filed for special leave to appeal to the High Court after losing their latest bid to make two directors liable for allegedly misleading them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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Vanguard Investments accused of greenwashing in ASIC court action
Financial Services 2023-07-25 2:09 pm By Christine Caulfield

ASIC has brought enforcement action against Vanguard Investments Australia, accusing the investment firm of misleading claims that its ethically conscious hedge fund screened securities for their environmental, social and good governance bona fides.

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Oil spill class action firm wins settlement hearing fees, including bill for tax advice
Class Actions 2023-07-25 5:38 pm By Christine Caulfield

Despite a judge’s complaint that class action costs are generally “out of control”, the law firm that secured a $192.5 million settlement and earned about $25 million in fees in the Montara oil spill case has won approval for more fees — these ones incurred in a hearing to determine how the settlement spoils should be divided.

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In a first, Lactalis hit with $950,000 penalty for Dairy Code breaches
Competition & Consumer Protection 2023-07-25 11:11 pm By Cat Fredenburgh

Dairy processor Lactalis Australia has been hit with a $950,000 penalty in the first proceedings against a company for breaches of the Dairy Code.

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Daily Telegraph defeats defamation appeal of John Ibrahim’s son
Defamation 2023-07-25 11:01 pm By Gareth Baker

An appeals court has dismissed the appeal of Daniel Taylor, son of notorious former Kings Cross nightclub owner John Ibrahim, seeking to revive defamation claims over a 2019 article in The Sunday Telegraph which he claimed suggested he was a mobster. 

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Shine’s bid for $32M in loan interest raises ‘never seen before’ conflicts: judge
Class Actions 2023-07-24 10:08 pm By Cindy Cameronne

Shine Lawyers’ bid to recoup “exorbitant” interest on a loan it took out to run pelvic mesh class actions against Johnson & Johnson has raised new ethical dilemmas beyond the usual “sweaty palms and huge vexation” in most group proceedings, a judge has said.

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Uber class actions win orders barring unregistered group members from settlement
Class Actions 2023-07-24 5:30 pm By Christine Caulfield

Uber and the applicants in class actions against the car service will head into mediation later this year, and only group members who sign up to join the cases will get a chance to share in the proceeds of any settlement that results from the talks.

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ACCC delays decision on $4.9B ANZ, Suncorp merger
Competition & Consumer Protection 2023-07-24 11:10 pm By Cat Fredenburgh

The competition regulator has delayed its final decision on whether to approve ANZ’s $4.9 billion acquisition of Queensland-based Suncorp, after expressing worries the tie-up could stifle the growth of smaller banks.

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Vitamin boss barred from ‘mocking’ influencer Jessica Sepel
Intellectual Property 2023-07-24 11:25 pm By Cindy Cameronne

A judge has ordered the owner of vitamin brand Life Botanics to refrain from “vilifying, denigrating, disparaging or mocking” rival JSHealth, owned by influencer Jessica Sepel.

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Peter van Onselen hit with Ten’s costs after losing contract case
Employment 2023-07-24 11:50 pm By Cat Fredenburgh

A judge has hit former Network Ten political editor Peter van Onselen with costs, after finding he breached a non-disparagement clause in an agreement with the broadcaster by criticising his old employer in an article written for The Australian.

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