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Slew of insurers added to Virgin bond holders class action
Class Actions 2023-07-17 4:49 pm By Cindy Cameronne

A judge overseeing a class action accusing Virgin Australia of failing to disclose its true financial position in a $324 million capital raising prospectus has joined a dozen insurers to the proceeding, which he said had “regrettably languished”.

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SkyCity may test AUSTRAC’s mettle at trial, judge says
AUSTRAC 2023-07-14 9:36 pm By Cindy Cameronne

SkyCity may be the first company to test the strength of AUSTRAC’s claims in court, according to a judge who recently said in a separate case that the regulator’s habit of agreeing to penalties could give rise to a “moral hazard”.

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Nuix’s discovery bill questioned in legal costs fight with former CEO
Employment 2023-07-12 3:41 pm By Gareth Baker

A court has queried Nuix’s claim for $500,000 in discovery expenses in an unsuccessful suit by former CEO Edward Sheehy over share options, and has said the legal bill of Sheehy would be taken into account in calculating Nuix’s costs.

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Downer EDI class actions call for stay of rival cases in four-way fight
Class Actions 2023-07-11 5:13 pm By Christine Caulfield

The applicants in competing class actions against Downer EDI have set out their proposals for the courts overseeing the cases, with two calling for orders staying the proceedings of their rivals, and another seeking consolidation.

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NACC to kick off with ‘huge backlog’ of referrals
Analysis 2023-06-30 11:20 pm By Cindy Cameronne

The new federal corruption watchdog that commenced operating Friday will likely turn its sights first on the award of public grants, and is expected to face a “huge backlog” of referrals. 

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Lawyers for TPG-backed Anew Climate taken to task for writ failure
Energy & Natural Resources 2023-06-29 9:53 pm By Sam Matthews

A judge has rejected TPG-owned Anew Climate’s bid for default judgment against an Australian company that allegedly impersonated a US carbon offset developer in order to unlawfully receive payments under a $1 billion deal, saying “it’s not hard” to make the application under the correct rule.

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Out with ‘including’ and ‘such as’: Judge rips into pleading in Corelogic data scraping case
Intellectual Property 2023-06-28 9:14 pm By Cindy Cameronne

A judge has rejected an amended copyright case against US-based analytics company CoreLogic, expressing his displeasure at the use of imprecise phrases like ‘including’ and “such as’ in the revised pleading.

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Viterra loses appeal of Cargill’s $300M win over Joe White sale
Corporate 2023-06-27 3:48 pm By Cindy Cameronne

In a decade-old dispute, Viterra has lost an appeal of a judgment holding it liable to pay Cargill Australia $293 million for misrepresentations about the performance of its malt producer Joe White, which it sold to Cargill for $420 million in 2013.

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Developer says Full Court ‘plainly wrong’ in tossing ACCC’s case against NSW Ports
Competition & Consumer Protection 2023-06-22 11:02 pm By Cindy Cameronne

A New South Wales developer will mount a challenge to a Full Court decision that tossed the ACCC’s competition case against NSW Ports over an agreement to privatise two ports, arguing the majority ruling was “plainly wrong”.

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ACCC’s rejection of $1.8B Telstra, TPG deal stands on appeal
Telecommunications 2023-06-21 10:22 am By Cindy Cameronne

Telstra and TPG have lost their challenge to the ACCC’s decision refusing authorisation for a $1.8 billion regional network sharing agreement, with the Australian Competition Tribunal finding the deal would increase Telstra’s dominance in the mobile phone market. 

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