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Arrium ‘bled cash’ from banks prior to $2.8B collapse, court told
Restructuring & Insolvency 2021-03-01 3:04 pm By Miklos Bolza

Directors of steel producer Arrium continued to borrow money from “vulnerable” lenders in the months prior to the company’s $2.8 billion collapse and “bled cash” despite the inevitable end, a number of lenders have said on the first day of a 40-day trial in the NSW Supreme Court.

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Herbert Smith Freehills advice to Horizon Oil protected by privilege, judge rules
Defamation 2021-02-24 4:58 pm By Cindy Cameronne

Horizon Oil has won its bid to shield Herbert Smith Freehills documents advising the company did not breach foreign bribery laws from being revealed in a defamation lawsuit brought against Fairfax Media by a Papua New Guinea government Minister.

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Murray Goulburn insurer says it shouldn’t be on the hook for class action settlement
Insurance 2021-02-23 3:06 pm By Spencer Fowler Steen

Murray Goulburn insurer AIG Australia says it should not have to pay 20 per cent of a $42 million class action settlement reached by the dairy cooperative, arguing on Tuesday that the class action claims failed to satisfy the definition of a “securities claim” in its insurance policy.

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Banks will try to quash ‘incomprehensible’ indictment in ANZ cartel case
Competition & Consumer Protection 2021-02-22 1:26 pm By Miklos Bolza

Global investment banks and executives accused of engaging in criminal cartel conduct in relation to a $2.5 billion ANZ share placement in 2015 will seek to quash the “incomprehensible” indictment filed against them, claiming it is full of “fallacies”.

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Judge says tweaking class closure order requires analysis of power, won’t go there
Class Actions 2021-02-19 11:52 pm By Christine Caulfield

A judge has refused to extend the date by which Coles workers can register to join an employment class action against the supermarket giant as part of a class closure order, saying the amendment would force a hearing on his power to make the order.

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Liquidators say Arrium directors should have known about ‘liquidity crisis’ sooner
Restructuring & Insolvency 2021-02-15 3:41 pm By Miklos Bolza

The directors of steel giant Arrium, which collapsed owing $4 billion in debts, should have known earlier that the company was in a “liquidity crisis” and was trading while insolvent, liquidators for the company allege.

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Judge ‘tempted’ to allow Arrium liquidator to give expert evidence at trial
Restructuring & Insolvency 2021-02-11 3:29 pm By Spencer Fowler Steen

A judge has indicated that he will allow Arrium Group’s liquidator to give expert evidence at an upcoming trial in proceedings against the steel giant’s former directors over its $4 billion collapse, despite his other role as a party in the case.

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Judge OKs $9.5M McMillan Shakespeare settlement despite funder, lawyers taking bulk
Class Actions 2021-02-05 5:29 pm By Spencer Fowler Steen

A judge has approved a $9.5 million settlement in a class action against McMillan Shakespeare as fair and reasonable, allowing a common fund order and a nearly 30 percent commission for the litigation funder despite previously raising “real concerns” about the small portion flowing to group members.

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Judge won’t allow new claims against Herbert Smith Freehills over Arrium Group collapse
Restructuring & Insolvency 2021-02-03 4:11 pm By Cat Fredenburgh

A judge has refused a bid to bring claims against law firm Herbert Smith Freehills in one of three lawsuits that will soon head to trial over the $4 billion collapse of steel giant Arrium Group.

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Monster Energy challenges loss of ‘Motherland’ trade mark
Intellectual Property 2021-02-02 2:34 pm By Cat Fredenburgh

Monster Energy, which makes Mother brand energy drinks, has appealed a ruling from IP Australia that granted rival caffeinated beverage maker Vittoria Food & Beverage’s application for the removal of Monster’s ‘Motherland’ trade mark for non-use.

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