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Law firm would have had onus of proof in Arrium cross-claim defence, judge says
Business of Law 2021-08-19 11:56 pm By Christine Caulfield

Herbert Smith Freehills this week escaped a cross-claim that its advice made it liable for the alleged losses of Arrium’s lenders, but the judge who tossed the claim along with the banks’ cases expressed doubts about one of the law firm’s key arguments, a warning to other firms caught up in litigation as so-called concurrent wrongdoers.

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Banks lose cases against directors over $2.8B collapse of steel giant Arrium
Restructuring & Insolvency 2021-08-17 12:15 pm By Christine Caulfield

A judge has dismissed two cases brought by the Commonwealth Bank, Westpac and other lenders against directors of the failed steel giant Arrium, saying he was not satisfied the directors’ representations on loan drawdown notices were false or that the company was insolvent when it went into voluntary administration in April 2016.

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Apple asks High Court to undo ‘radical’ Epic Games decision
High Court 2021-08-10 3:10 pm By Cat Fredenburgh

The Full Federal Court took a “radical” and unorthodox approach with far-reaching consequences by keeping Apple’s competition dispute with Fortnite game maker Epic Games in Australia, the Silicon Valley giant has told the High Court.

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Google to try its hand at staying Epic Games competition suit after Apple fails
Competition & Consumer Protection 2021-07-23 1:41 pm By Cat Fredenburgh

Google is pressing forward with an application to stay Fortnite game maker Epic Games’ competition lawsuit over its Google Play store terms, despite the Full Court rejecting a similar move by Apple.

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Apple will take fight with Epic Games to the High Court
Competition & Consumer Protection 2021-07-09 9:53 am By Cat Fredenburgh

Apple plans to appeal the Full Federal Court’s decision that Epic Games’ misuse of market power lawsuit over it App Store terms should be heard in Australia because the case raises issues of “fundamental public interest”.

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Arrium settlement was a ‘substantial compromise’, judge says
Restructuring & Insolvency 2021-07-05 4:05 pm By Cat Fredenburgh

A settlement reached in a lawsuit by the liquidators of collapsed steel giant Arrium against 10 former company directors accused of insolvent trading has been approved by a judge, who noted that while the settlement amount was “substantial”, the deal involved a “substantial compromise”.

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Full Court warned sending Epic Games lawsuit against Apple to California would have ‘chilling effect’
Competition & Consumer Protection 2021-06-09 4:41 pm By Miklos Bolza

Video game developer Epic Games has asked the Full Federal Court to overturn an “illogical” decision sending its competition lawsuit against Apple to California, saying the move would have a “chilling effect” on the enforcement of Australia’s competition laws.

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Grant Thornton can bring cross-claim against Forge Group
Professional Negligence 2021-05-21 9:35 pm By Cat Fredenburgh

Grant Thornton has won approval to a bring a cross-claim against Forge Group, just three months ahead of trial in the collapsed engineering company’s case against the accounting firm and ten former directors for their alleged negligence in relation to its “uneconomic” purchase of CTEC in 2012.

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Google wants say on whether Epic battle with Apple should be heard in Australia
Appeals 2021-05-12 3:43 pm By Cat Fredenburgh

Internet search giant Google wants to weigh in on an appeal over whether Epic Games’ lawsuit accusing Apple of abusing its dominance in the app store marketplace should be heard in Australia, as the ACCC wins its bid to intervene in the case.

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Settlement reached in lawsuit against Arrium directors
Restructuring & Insolvency 2021-05-05 5:26 pm By Cat Fredenburgh

A mid-trial settlement has been reached in a lawsuit brought by the liquidators of collapsed steel giant Arrium against 10 former company directors and officers for allegedly engaging in insolvent trading.

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