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Judge blasts Pitcher Partners’ ‘terrible’ argument in $127M appeal against Twigg family
Appeals 2023-07-25 11:26 pm By Cindy Cameronne

An appeals court has taken Pitcher Partners to task in its appeal seeking to throw out a lawsuit over the accounting firm’s alleged involvement in race car driver Max Twigg’s misappropriation of $127 million from his family. 

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Arrium lenders file High Court challenge over directors’ loan drawdowns
Restructuring & Insolvency 2023-07-25 3:58 pm By Cindy Cameronne

Commonwealth Bank and other lenders of Arrium have filed for special leave to appeal to the High Court after losing their latest bid to make two directors liable for allegedly misleading them about loan drawdown notices ahead of the steel company’s $2.8 billion collapse. 

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Vanguard Investments accused of greenwashing in ASIC court action
Financial Services 2023-07-25 2:09 pm By Christine Caulfield

ASIC has brought enforcement action against Vanguard Investments Australia, accusing the investment firm of misleading claims that its ethically conscious hedge fund screened securities for their environmental, social and good governance bona fides.

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Oil spill class action firm wins settlement hearing fees, including bill for tax advice
Class Actions 2023-07-25 5:38 pm By Christine Caulfield

Despite a judge’s complaint that class action costs are generally “out of control”, the law firm that secured a $192.5 million settlement and earned about $25 million in fees in the Montara oil spill case has won approval for more fees — these ones incurred in a hearing to determine how the settlement spoils should be divided.

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In a first, Lactalis hit with $950,000 penalty for Dairy Code breaches
Competition & Consumer Protection 2023-07-25 11:11 pm By Cat Fredenburgh

Dairy processor Lactalis Australia has been hit with a $950,000 penalty in the first proceedings against a company for breaches of the Dairy Code.

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Daily Telegraph defeats defamation appeal of John Ibrahim’s son
Defamation 2023-07-25 11:01 pm By Gareth Baker

An appeals court has dismissed the appeal of Daniel Taylor, son of notorious former Kings Cross nightclub owner John Ibrahim, seeking to revive defamation claims over a 2019 article in The Sunday Telegraph which he claimed suggested he was a mobster. 

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Shine’s bid for $32M in loan interest raises ‘never seen before’ conflicts: judge
Class Actions 2023-07-24 10:08 pm By Cindy Cameronne

Shine Lawyers’ bid to recoup “exorbitant” interest on a loan it took out to run pelvic mesh class actions against Johnson & Johnson has raised new ethical dilemmas beyond the usual “sweaty palms and huge vexation” in most group proceedings, a judge has said.

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Uber class actions win orders barring unregistered group members from settlement
Class Actions 2023-07-24 5:30 pm By Christine Caulfield

Uber and the applicants in class actions against the car service will head into mediation later this year, and only group members who sign up to join the cases will get a chance to share in the proceeds of any settlement that results from the talks.

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Sargon liquidators resolve $540,000 case against King & Wood Mallesons
Restructuring & Insolvency 2023-07-24 11:21 pm By Christine Caulfield

The liquidators of collapsed Sargon Capital have resolved their unfair preference case against King & Wood Mallesons over $540,000 in fees the law firm was paid for work advising the fintech before it went under.

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ACCC delays decision on $4.9B ANZ, Suncorp merger
Competition & Consumer Protection 2023-07-24 11:10 pm By Cat Fredenburgh

The competition regulator has delayed its final decision on whether to approve ANZ’s $4.9 billion acquisition of Queensland-based Suncorp, after expressing worries the tie-up could stifle the growth of smaller banks.

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