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Short seller Bonitas ordered to pay $900,000 over misleading report on Rural Funds
Securities 2020-04-01 9:52 pm By Christine Caulfield

Activist short seller Bonitas Research must pay Rural Funds Management almost $900,000 after the US-based Bonitas was found to have engaged in misleading or decpetive conduct in issuing a report describing the agricultural fund manager’s equity as “ultimately worthless”.

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Spain hit with solar investor lawsuit seeking enforcement of $75.1M arbitration award
Arbitration 2020-04-01 5:08 pm By Cat Fredenburgh

The Kingdom of Spain is facing yet another Federal Court enforcement proceeding over its ill-fated renewable energy initiative, this time by a Luxembourg-based renewable investment firm seeking payment of a $75.1 million award granted by an international arbitration tribunal.

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Court orders winding up of Merlin Diamonds after ‘serious contraventions’ unearthed
Restructuring & Insolvency 2020-04-01 5:02 pm By Cat Fredenburgh

A judge has ordered that Joseph ‘Diamond Joe’ Gutnik’s Merlin Diamonds be wound up after the mining company’s provisional liquidators uncovered “serious contraventions” and a “serious failure of governance”.

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Barristers to robe up at home for trial by videochat in ACCC case against Kogan
Competition & Consumer Protection 2020-04-01 11:44 am By Miklos Bolza

Barristers for the ACCC and online retailer Kogan have been asked to robe up at home as the previously in-person trial shifts to videochat in response to the COVID-19 health crisis.

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Over and out: Chief Justice says protocol needed to prevent overtalking in virtual trials
Insurance 2020-03-31 4:20 pm By Miklos Bolza

The Chief Justice of the Federal Court says a system is needed to ensure parties don’t interrupt one another during virtual hearings, and noted the increase in online hearings brought on by the coronavirus may also free judges up to hear cases outside their registries.

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Judge says no to virtual hearing in Guy Sebastian’s dispute with ex-manager
Entertainment 2020-03-31 3:55 pm By Alison Eveleigh

A judge has decided not to hold a virtual trial in a long-running dispute between Guy Sebastian and his now self-represented former manager Titus Day over allegedly unpaid entitlements, due to difficulties in judging witness credibility and because Day might have a challenging time litigating online.

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TasPorts slams ACCC case, says extra fees don’t amount to misuse of market power
Competition & Consumer Protection 2020-03-31 12:52 pm By Miklos Bolza

Tasmanian state-owned ports company TasPorts has admitted to charging additional fees to the owner of a local port, but has denied the ACCC’s allegations that these actions constituted a misuse of market power designed to stymie competition.

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AUSTRAC, Westpac still locked in settlement negotiations, court hears
Financial Services 2020-03-30 9:51 pm By Alison Eveleigh

Westpac is still locked in mediation with AUSTRAC over allegations that it committed over 23 million breaches of anti-money laundering and counter-terrorism financing laws, with the bank’s hopes of moving to a penalty hearing in the early part of the year fading.

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Group members to get policy cancellation info in NAB insurance class action settlement
Class Actions 2020-03-30 9:02 pm By Alison Eveleigh

A judge overseeing a class action against National Australia Bank over ‘junk insurance’ has ordered that potential group members be given information about cancelling the policies, but not before taking the applicants to task for not having the polices automatically cancelled as part of the $49.5 million settlement.

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Santos settles class action over unpaid travel allowances
Class Actions 2020-03-30 5:52 pm By Miklos Bolza

Oil and gas giant Santos has settled a class action brought by a group of Indigenous Australians who claim they were misled about their entitlement to receive certain travel allowances while working as casual cultural heritage monitors for the company.

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