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Viva Energy offers sell-off to win ACCC clearance for $1.15B OTR buy
Corporate 2023-07-07 11:18 pm By Christine Caulfield

The ACCC has launched a competition review of Viva Energy’s proposed $1.15 billion acquisition of South Australia-based On The Run Group, and the service station giant has already offered a sweetener to get the merger over the line.

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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Construction 2023-07-04 4:19 pm By Sam Matthews

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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Slater & Gordon faces court challenge to Allegro takeover by small biz
Slater & Gordon 2023-06-29 9:44 pm By Sam Matthews

A self-managed superannuation fund has taken Slater & Gordon to court to block the the acquisition of its shares in the firm as part of the plaintiff firm’s takeover by private equity firm Allegro Funds, saying the 55 cents per share price is not fair and reasonable.

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HWL Ebsworth’s claim of exhausted discovery in partner spat ‘puzzling’, judge says
Business of Law 2023-06-29 10:47 pm By Gareth Baker

A judge has criticised HWL Ebsworth’s discovery efforts and ordered the law firm to try again in the firm’s dispute with a former partner claiming the company cut him out of a proposed ASX float in 2020. 

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Transurban bid for Horizon Roads stake raises competition concerns
Competition & Consumer Protection 2023-06-29 11:21 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has expressed concerns that Transurban’s plan to acquire a majority stake in fellow toll road operator Horizon Roads will hinder competition for future toll road projects.

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NIB wins unpaid loans from Whitecoat developer after $42.5M sale to CBA
Healthcare 2023-06-28 4:02 pm By Gareth Baker

The developer of healthcare directory app Whitecoat must pay health insurer and joint venture partner NIB $1.6 million for loans that were never repaid following the app’s sale to the Commonwealth Bank for $42.5 million in 2021. 

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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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Quintis founder’s estate sequestered, in win for company with $15M claim
Restructuring & Insolvency 2023-06-22 11:26 pm By Christine Caulfield

A court has ordered the estate of Frank Wilson, founder of failed sandalwood producer Quintis, to be sequestered in a claim brought by Quintis subsidiary Arwon to recover an unpaid $15 million debt. 

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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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Ashurst recruits two partners from Gilbert + Tobin for M&A practice
Business of Law 2023-06-21 2:47 pm By Gareth Baker

Ashurst has poached two Gilbert + Tobin partners for its corporate team, as the firm expands its offering in the public and private M&A markets in Australia and abroad.

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