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Ex-CFO said Rio Tinto reserve write down would be ‘worse by far than expected’, ASIC claims
Corporate 2018-11-13 11:21 pm By Cat Fredenburgh

The Australian Securities and Investments Commission claims Rio Tinto’s former CFO was referring to the write down for the reserves for two coal assets that were part of a $4 billion acquisition of Rio Tinto Coal Mozambique when he sent an email to the company CEO in January 2012 that contained the phrase “worse by far than expected”.

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United can’t boot judge from final hearing in Freehills case
Corporate 2018-10-09 11:57 pm By Miklos Bolza

Australian petrol retailer United Petroleum has lost a bid to disqualify a judge from a final hearing on costs in its unsuccessful battle against law firm Herbert Smith Freehills over a failed initial public offering.

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Viterra must pay Cargill’s costs for ‘pointless’ High Court appeal
Appeals 2018-10-09 4:23 pm By Cat Fredenburgh

Viterra has been hit with costs for persisting with a special leave application to the High Court seeking to compel Cargill to turn over emails exchanged with its lawyers at Allens during the sale of its Joe White Maltings business, even after Cargill agreed to waive privilege and produced the documents.

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Co. director stung by landmark privilege ruling can’t delay trial
Corporate 2018-09-26 9:38 pm By Christine Caulfield

A company director who was on the losing end of a precedent-setting legal privilege ruling, along with law firm Macpherson Kelley, has lost a bid to halt the start of a trial over a failed joint venture while she searches for funding for new lawyers.

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Herbert Smith Freehills wins costs against United for ‘meritless’ IPO case
Securities 2018-09-25 9:18 pm By Christine Caulfield

Herbert Smith Freehills has won a ruling that puts United Petroleum on the hook for the costs — on an indemnity basis — of the law firm’s defence against a case that was, according to a judge Tuesday, “devoid of merit”.

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Director booted from board for missed meetings loses court challenge
Energy & Natural Resources 2018-09-24 1:46 pm By Cat Fredenburgh

A director of an energy company who was kicked off the board of directors for missing too many meetings has lost a Federal Court challenge to his dismissal.

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Settlement talks can’t be admitted as evidence in Cargill, Viterra trial
Trials 2018-09-21 4:00 pm By Cat Fredenburgh

A judge in the high-stakes trial over the $420 million sale of Viterra’s Joe White malt business to Cargill has denied Cargill’s request to have settlement talks admitted as evidence, shooting down the agricultural giant’s argument that the talks were needed to challenge Glencore in-house counsel’s assertion that he is of good character and will not breach a confidentiality agreement.

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Glencore in-house counsel wins Cargill deal docs to mull settlement
Trials 2018-09-18 1:27 pm By Cat Fredenburgh

In-house counsel at Glencore has been granted access to “highly confidential” documents related to the possible sale by Cargill of its Joe White malt business so that he can mull a settlement offer.

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Cargill wins bid to call King & Wood Mallesons solicitor as a witness
Trials 2018-09-11 11:29 pm By Cat Fredenburgh

A judge has granted Cargill Australia’s request to call a King & Wood Mallesons solicitor that represented Viterra as a witness in the epic trial over the $420 million sale of Viterra’s Joe White business to Cargill in 2013.

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Glencore in-house counsel denied access to Cargill deal docs
Trials 2018-08-27 6:13 pm By Cat Fredenburgh

A judge has ruled in-house counsel at Glencore can’t view “highly confidential” documents related to the possible sale by Cargill of its Joe White malt business.

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