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Racing Victoria planned agreement to ‘seriously breach’ competition laws, court hears
Ashurst 2023-05-04 11:01 pm By Cindy Cameronne

Racing NSW has accused its Victorian counterpart of planning an anti-competitive agreement with five other states to exclude it from the thoroughbred racing industry, as it seeks documents to bring potential claims.

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Corrs avoids split trial in suit by client left liable for security bill after funder exit
Benjamin Tomasi 2023-05-04 11:00 pm By Christine Caulfield

Corrs Chambers Westgarth has defeated an application by a former client to split a trial in his breach of duty case against the law firm, with a judge saying while an initial hearing could save costs, the line between negligence and the merits of the underlying case were blurred.

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Ex-BCEG directors claw back costs after shaving $12.5M off judgment
Anna Mitchelmore 2023-05-04 2:43 pm By Sam Matthews

Two ex-directors of Chinese construction and engineering firm BCEG who were found to have defrauded the company have succeeded in clawing back a portion of their costs of a partially successful appeal which reduced the amount owing to their former employee by around $12.5 million.

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Atradius can’t bring late $1.5B claim over Arrium administration
Alexander Di Stefano 2023-05-03 10:25 pm By Cindy Cameronne

Insurer Atradius has lost its bid to bring a $1.5 billion (US$1 billion) case against four KordaMentha liquidators and 60 financiers of the Arrium group alleging they failed to act under a duty of utmost good faith when agreeing on how to divvy up sale proceeds for several entities.

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Class action can’t grill Noumi lawyer on legal privilege claims over PwC docs
Alistair Pound 2023-05-02 11:27 pm By Christine Caulfield

The applicants in a shareholder class action against the former Freedom Foods have failed in a bid to cross-examine Noumi’s inhouse counsel on affidavits swearing to the legal professional privilege of 3,000 documents, including material containing advice from accounting firm PricewaterhouseCoopers.

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Cost of independent counsel to advise on Banksia silk’s $1.25M offer ‘can’t be justified’, court says
Class Actions 2023-05-02 11:07 pm By Christine Caulfield

The Victoria Supreme Court will not appoint a contradictor to weigh in on the reasonableness of a $1.25 million settlement offered by companies associated with the wife of a once prominent silk struck from the roll over the Banksia Securities class action scandal.

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Nuix class action to go ahead despite ASIC case
ASIC 2023-05-02 3:58 pm By Sam Matthews

A shareholder class action against software company Nuix will go ahead as planned, after a stay application threatened to put the proceeding on ice pending the outcome of a separate case brought by ASIC.

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ABC drops truth defence in defamation case by ex-commando Heston Russell
Company Giles 2023-05-02 3:39 pm By Cat Fredenburgh

The ABC has dropped its truth defence to former Army major Heston Russell’s claims that he was defamed by two articles that suggested that he was involved in murdering an Afghan prisoner.

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Hotel quarantine class action survives second shutdown bid by Victorian government
Adam Hochroth 2023-05-02 10:40 am By Sam Matthews

The state of Victoria has lost its appeal bid to stay a class action brought over the 2020 hotel quarantine debacle in light of a pending criminal action against the Department of Health.

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MLC agrees to pay $10M penalty in ASIC case
Alexander Di Stefano 2023-05-01 11:56 pm By Christine Caulfield

MLC has agreed to cop a $10 million penalty for admitted breaches of the Corporations Act in an ASIC case that alleged the insurer failed to promptly update medical terms in policies and withheld payment of a life insurance benefit.

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