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Norton Rose must face damages with ‘substantial sting’, ex-partner says
Employment 2021-08-26 7:24 pm By Miklos Bolza

A former Norton Rose Fulbright partner locked in a six-year legal battle with the firm has urged the Full Court to allow a $160,000 damages award in his favour to be recalculated, saying it did not provide enough “sting”, amounting to just $1,500 per partner.

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NAB super class action must cover bases with group members after landmark ruling
Class Actions 2021-08-23 2:57 pm By Miklos Bolza

The applicant in a Federal Court class action against NAB superannuation trustee NULIS has been ordered to find a sample group member in light of a landmark Victoria Supreme Court ruling that found the plaintiff in a similar class action could not establish any loss.

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Judge sets course to avoid ‘Brobdingnagian’ trial in PFAS class actions
Class Actions 2021-08-20 5:31 pm By Miklos Bolza

With mediation failing to resolve an expansive class action against the federal government over its use of allegedly toxic firefighting foam, a judge has charted a plan to avoid a “Brobdingnagian” trial and efficiently determine the claims of group members around eight military bases across Australia.

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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 unleash new legal maneuvers to shut down ANZ cartel case
Competition & Consumer Protection 2021-08-18 4:07 pm By Miklos Bolza

The banks and high-ranking executives targeted in pared-down criminal cartel proceedings over a $2.5 billion ANZ share placement are taking new steps to shut down the long-running case, including further probes into the ACCC’s conduct during its investigation into the alleged cartel.

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Appeal dismissed in dispute over $81.8M Parklea Markets sale
Appeals 2021-08-18 9:33 pm By Miklos Bolza

Sydney retail personality Con Constantine has lost an appeal seeking to bolster a $4.25 million judgment in his favour over the $81.8 million Parklea Markets sale in 2016.

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Former Citigroup boss escapes ANZ cartel case as prosecutors slash charges
Competition & Consumer Protection 2021-08-17 11:33 pm By Christine Caulfield

Prosecutors have withdrawn two-thirds of the charges in a criminal cartel case over a $2.5 billion ANZ share placement and have dropped their case against former Citigroup CEO Stephen Roberts, according to a lawyer in the case.

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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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Clive Palmer’s Queensland Nickel refinery hit with $26.6M judgment over unpaid gas bill
Energy & Natural Resources 2021-08-10 3:16 pm By Miklos Bolza

The joint managers of Clive Palmer’s Queensland Nickel refinery have been ordered to pay $26.6 million for natural gas charges owed, after a court rejected claims they did not need to repay the money because pipeline owners had breached their duties.

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IOOF may face new misconduct allegations in shareholder class action
Class Actions 2021-08-09 10:20 pm By Bianca Hrovat

The applicant in a shareholder class action against IOOF wants to add ten new misconduct allegations, including that a relative of a former executive made $69,000 by offloading shares.

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