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Racing Victoria planned agreement to ‘seriously breach’ competition laws, court hears
Competition & Consumer Protection 2023-05-04 11:01 pm By Cindy Cameronne

Racing NSW has accused its Victorian counterpart of planning an anti-competitive agreement with five other states to exclude it from the thoroughbred racing industry, as it seeks documents to bring potential claims.

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NSW government fights bid for transactional documents in Westconnex class action
Class Actions 2023-03-31 4:07 pm By Cindy Cameronne

Transport for NSW has refused to hand over transactional documents related to its $16 billion Westconnex project in a class action over the alleged fraudulent acquisition of land to construct the tunnel in inner western Sydney. 

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Richard Crookes to appeal landmark judgment on SOPA’s availability to insolvent companies
Restructuring & Insolvency 2023-03-21 10:33 pm By Sam Matthews

Construction company Richard Crookes plans to appeal a ruling which found the Security of Payment Act is available to insolvent builders to pursue debts under a deed of company arrangement, despite an amendment to the law preventing construction companies in liquidation from enforcing payment claims.

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Gunns class action settles with KPMG, former directors
Class Actions 2023-03-02 10:57 pm By Cindy Cameronne

A class action against KPMG and nine former Gunns Plantations directors over the failure of six managed investment schemes for eucalyptus wood in Tasmania has settled for a confidential amount, with a judge poised to approve the deal.

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In win for construction industry, court finds SOPA available to insolvent companies
Restructuring & Insolvency 2023-03-02 2:34 pm By Christine Caulfield

In a landmark ruling, the NSW Supreme Court has found the Security of Payment Act is available to insolvent builders to pursue debts, despite an amendment to the law that prevents construction companies in liquidation from enforcing payment claims.

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Sports betting class action may drop remaining claims against lawyer
Class Actions 2022-11-25 5:49 pm By Cindy Cameronne

The lead applicant in a class action on behalf of investors who sank $12.3 million into an allegedly fraudulent sports betting scheme run by convicted conman Peter Foster may drop the case after a partner in the scheme filed for bankruptcy.

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Cornerstone liquidators can sign funding pact for $46M case against PwC
Professional Negligence 2022-08-30 2:00 pm By Sam Matthews

A judge has granted the liquidators of Cornerstone Investment Australia leave to sign a funding agreement for the insolvent tertiary education provider’s $56 million professional negligence claim against accounting firm PricewaterhouseCoopers.

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Dick Smith directors owe $11.8M in damages after receivers win appeal
Restructuring & Insolvency 2022-08-29 1:38 pm By Cindy Cameronne

An appeals court has found that two former executives of collapsed electronics retailer Dick Smith should pay the company’s receivers $11.8 million in damages for approving a dividend payment the company could not afford.

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Mystery funder in WestConnex class action can’t escape security for costs
Class Actions 2022-08-10 1:13 pm By Sam Matthews

An appeals court has rejected a bid to challenge a decision forcing an unnamed litigation funder to give $415,000 in security for the NSW government’s defence costs in a class action alleging the fraudulent acquisition of land for the construction of the $16 billion WestConnex tunnel.

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PwC partners knew of unlawful dividend payment to Cornerstone director, court told
Professional Negligence 2022-07-22 9:55 pm By Cindy Cameronne

PwC partners are facing “very serious” allegations that they had actual knowledge that a $30 million dividend payment to the director of now defunct tertiary education provider Cornerstone was unlawful.

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