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Class action threat hurt Boart Longyear scheme vote, judge says
Corporate 2019-02-06 9:02 pm By Cat Fredenburgh

A judge has recommended another shareholder vote over Boart Longyear’s plan to move to Canada, saying a letter by a minority shareholder warning the move could imperil a possible class action against the distressed mining services company was misleading and affected the integrity of the vote.

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Royal Commission tells ASIC it’s time to litigate
Financial Services 2019-02-04 10:34 pm By Cat Fredenburgh

Companies that run afoul of the law should brace for more courtroom battles against ASIC, after the Hayne Royal Commission urged the corporate regulator to make litigation a central pillar of  its enforcement strategy.

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ASIC asks High Court to clarify meaning of ‘officer’
Corporate 2019-01-16 9:58 pm By Miklos Bolza

ASIC is seeking approval from the High Court to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, saying the High Court needs to clarify the scope of the word “officer” under the Corporations Act.

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Cargill ordered to give Glencore info on unauthorised barley use
Corporate 2019-01-14 5:08 pm By Cat Fredenburgh

Agricultural giant Cargill has been ordered to hand over documents to Glencore regarding its use of an unauthorised type of barley before and after its $420 million acquisition of malt producer Joe White.

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JP Morgan wins bid to keep ANZ probe docs confidential
Securities 2019-01-08 9:52 pm By Cat Fredenburgh

JP Morgan, the reported whistleblower behind a criminal cartel case against ANZ, Deutsche Bank and Citigroup over a $2.5 billion share placement, has won its bid to keep documents from a related ASIC probe confidential.

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ACCC weighs divestiture proposal in Bingo’s Dial-a-Dump acquisition
Competition & Consumer Protection 2019-01-08 12:48 pm By Miklos Bolza

The Australian Competition & Consumer Commission is considering whether a divestment offer by waste management company Bingo Industries will address concerns the regulator has raised about the company’s proposed acquisition of Dial-a-Dump Industries.

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Judge greenlights MWL derivative suit against Focus Financial
Corporate 2019-01-07 11:42 am By Miklos Bolza

Majority shareholders in MWL Financial have won court approval to bring a derivative suit against US-based Focus Financial Partners over an acquisition gone sour.

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High Court to hear mortgage aggregator share transfer dispute
Corporate 2018-12-17 9:29 pm By Miklos Bolza

The High Court has granted special leave to mortgage aggregator Connective in a dispute between the firm’s founder and major shareholders over a transfer of one-third of the company’s shares, in a case that could clarify whether litigation should be considered a prohibited form of financial assistance under the Corporations Act.

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Viterra says others lied about malt quality, judge wants to know who
Corporate 2018-12-14 10:31 pm By Cat Fredenburgh

Viterra can amend its defence mid-trial in its dispute with Cargill over the $420 sale of its Joe White malt business to argue it was standard industry practice to fudge test results relating to malt quality, provided it identifies which industry players engaged in the practice.

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Glencore in-house counsel wins access to ‘highly confidential’ deal docs, again
Corporate 2018-12-06 10:39 pm By Cat Fredenburgh

The judge overseeing a fraudulent concealment trial over Cargill’s $420 million purchase of the Joe White malt business has reaffirmed an earlier ruling allowing an in-house counsel at Glencore to access documents related to the possible sale of Cargill’s malting business.

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