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New evidence allowed in $300M lawsuit over ‘defective’ Lane Cove Tunnel construction
Construction 2022-03-29 3:27 pm By Sam Matthews

The operators of Sydney’s Lane Cove Tunnel can rely on new expert evidence in their lawsuit against Thiess, John Holland and CIMIC over alleged defects in the construction of the billion-dollar tunnel, with a judge finding there is a public interest in discovering the true cause of any defects.

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7-Eleven class action funder’s commission should be cut by $10M, court told
Class Actions 2022-03-28 7:20 pm By Cindy Cameronne

Litigation funder Galactic should receive a $15 million commission for its work on two franchisee class actions against convenience store giant 7-Eleven, instead of the $25 million it has asked for, a court has heard.

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High Court to weigh in on peak indebtedness rule in win for Gunns liquidators
Restructuring & Insolvency 2022-03-25 5:44 pm By Miklos Bolza

The High Court will clarify the so-called peak indebtedness rule used by liquidators recouping payments to unsecured creditors, granting a special leave application brought by the liquidators of collapsed forestry giant Gunns Group.

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Green groups dodge $450,000 security in cases against VicForest
Environment 2022-03-25 1:08 pm By Cindy Cameronne

Environmental groups fighting to protected the threatened greater glider have defeated VicForestsā€™ bid for security for costs after a judge found the orders would ā€œstifleā€ litigation in the public interest.

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Optus, Foxtel contractor settles ‘sham’ contracting class action
Class Actions 2022-03-09 10:43 am By Christine Caulfield

Teleco contractor BSA has reached an in-principle settlement resolving a class action that accuses the company of misclassifying its workforce of technicians as independent contractors.

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Careers Australia liquidator can pursue overseas directors on evidence of insolvent trading
Restructuring & Insolvency 2022-03-04 5:29 pm By Sam Matthews

The liquidator of collapsed vocational education provider Careers Australia can serve its lawsuit on two of the companyā€™s former directors now living overseas, after a judge found a prima facie case of insolvent trading and breaches of directors duties had been made out.

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Johnson Winter & Slattery nabs top cyber lawyer from Corrs Chambers Westgarth
Privacy & Cybersecurity 2022-03-04 4:14 pm By Sam Matthews

Johnson Winter & Slattery has bolstered its growing cyber practice with the appointment of a leading data privacy lawyer from Corrs Chambers Westgarth.

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Viterra rejected $85M offer to settle Cargill lawsuit over Joe White sale
Competition & Consumer Protection 2022-03-02 10:27 pm By Sam Matthews

Grain producer Viterra, which has been ordered to pay $293 million to Cargill Australia for making misleading representations during the sale of malt producer Joe White, rejected an offer to settle the lawsuit for $85 million, a court has heard.

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Viterra hit with $124M in interest on top of $168.9M in damages owed to Cargill
Competition & Consumer Protection 2022-02-28 5:54 pm By Sam Matthews

Grain producer Viterra has been ordered to pay Cargill Australia $124 million in pre-judgment interest on top of the $168.9 million it was ordered to pay after a judge found it misrepresented the performance capabilities of Joe White during the $420 million sale of the malt producer.

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GetSwift says stock price drop didn’t prove ‘materiality’ of ASX statements
Securities 2022-02-24 10:22 pm By Sam Matthews

Logistics company GetSwift will argue on appeal that a judge who found the company took a “PR-driven approach” to ASX statements was wrong in his assessment of whether those statements contained material omissions.

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