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Court tosses Mineralogy’s ‘ill-disguised collateral attack’ on ASIC
ASIC 2021-08-24 11:21 am By Miklos Bolza

A court has tossed a lawsuit by Clive Palmer’s Mineralogy against ASIC, calling it an “ill-disguised collateral attack” against the regulator over criminal proceedings against the billionaire mining magnate over $12 million in payments made to his political party in 2013.

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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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Baker McKenzie negligent in advising on Chinese lender’s failed Aussie launch, court hears
Professional Negligence 2021-08-11 3:57 pm By Cindy Cameronne

Baker McKenzie has been accused of negligence in a cross claim by Chinese lender Aoyin, which faces a lawsuit by accounting giant PricewaterhouseCoopers for unpaid fees over advice related to a failed bid to launch a bank in Australia.

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Oaktree unit must join Marlin’s shareholders to $135M breach of warranty case
Corporate 2021-08-11 6:34 pm By Cindy Cameronne

A unit of Oaktree Capital Management has been ordered to join all former shareholders of consumer brand wholesaler Marlin Brands as defendants in a case over the investment giant’s $200 million acquisition of the company that alleges fraud or wilful deceit on the part of the sellers.

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Macarthur-Onslow family feud over ‘undervalued’ Lendlease land shut down by court
Real Estate 2021-08-03 4:56 pm By Miklos Bolza

A court has shut down the latest legal spat between the children of one of Australia’s richest families, finding a lawsuit over a $200 million real estate transaction was not brought in good faith and that running the case was not in the best interests of the company involved in the deal.

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Gilbert + Tobin guides Afterpay on ‘transformational’ $39B Square deal
Corporate 2021-08-02 3:51 pm By Cindy Cameronne

Australian law firm Gilbert + Tobin has advised fintech Afterpay on the largest public acquisition in Australian history under which US-based Square will acquire all of the company’s issued shares in a landmark $39 billion deal.

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SPC appeals $1.2M judgment related to $40M Coca-Cola Amatil deal
Intellectual Property 2021-07-19 5:31 pm By Miklos Bolza

Melbourne-based joint venture Shepparton Partners Collective has appealed a $1.2 million judgment which found it infringed software developer QAD’s copyright by failing to pay a transfer fee to retain the licence after it acquired the iconic SPC Ardmona cannery in Victoria from Coca-Cola Amatil for $40 million.

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Witness who won’t undergo quarantine can testify by video link in ex-Quintis boss’ trial
ASIC 2021-07-16 4:36 pm By Cat Fredenburgh

A judge has allowed a key US-based witness in ASIC’s case against former Quintis director Frank Wilson who will not submit to 14 days in hotel quarantine to give evidence by video link.

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Quintis class actions reload as insurance brawl delays settlement approval
Class Actions 2021-07-05 4:54 pm By Miklos Bolza

Two shareholder class actions against sandalwood producer Quintis that reached an in principle settlement over a year ago are moving forward following a protracted dispute over insurance, with the lead applicants getting approval to file proposed amended pleadings.

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Arrium settlement was a ‘substantial compromise’, judge says
Restructuring & Insolvency 2021-07-05 4:05 pm By Cat Fredenburgh

A settlement reached in a lawsuit by the liquidators of collapsed steel giant Arrium against 10 former company directors accused of insolvent trading has been approved by a judge, who noted that while the settlement amount was “substantial”, the deal involved a “substantial compromise”.

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