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Law firm would have had onus of proof in Arrium cross-claim defence, judge says
Amy Munro 2021-08-19 11:56 pm By Christine Caulfield Melbourne

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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Banks lose cases against directors over $2.8B collapse of steel giant Arrium
Amy Munro 2021-08-17 12:15 pm By Christine Caulfield Melbourne

A judge has dismissed two cases brought by the Commonwealth Bank, Westpac and other lenders against directors of the failed steel giant Arrium, saying he was not satisfied the directors’ representations on loan drawdown notices were false or that the company was insolvent when it went into voluntary administration in April 2016.

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ASIC case over US Navy program ignores disclosure rule exceptions, Austal CEO tells court
Alistair Pound 2021-07-08 3:13 pm By Christine Caulfield Melbourne

The former boss of defence shipbuilder Austal, who is facing penalty proceedings by ASIC, has told a court the regulator’s case was based on information that fit within a carveout to the ASX listing rules on continuous dislosure to the market.

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Arrium settlement was a ‘substantial compromise’, judge says
Amy Munro 2021-07-05 4:05 pm By Cat Fredenburgh Melbourne

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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Law firm defeats ex-client’s lawsuit over $24.5M property spat
Construction 2021-07-05 2:46 pm By Cindy Cameronne Sydney

A Melbourne law firm has triumphed in a lawsuit by a former client that accused it of breaching its fiduciary duty in “hard-fought” litigation over a $24.5 million East Melbourne development.

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BHP asks High Court to weigh in on inclusion of foreign investors in class action
Alistair Pound 2021-07-05 11:56 am By Cat Fredenburgh Melbourne

Global resources giant BHP Group is seeking special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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BHP loses ‘highly problematic’ bid to exclude foreign investors from class action
Alistair Pound 2021-06-03 10:10 am By Cindy Cameronne Sydney

Global resources giant BHP Group has lost an appeal in its fight to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster, after arguing the class action regime applies only to those in Australia.

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BHP tells Full Court class action regime only for Australian residents
Alistair Pound 2021-05-21 11:41 pm By Miklos Bolza Sydney

Global resources giant BHP Group has asked the Full Court to rule foreign investors should be excluded from a shareholder class action over the 2015 Fundao dam disaster, arguing the class action regime only applies to those in Australia.

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Settlement reached in lawsuit against Arrium directors
Amy Munro 2021-05-05 5:26 pm By Cat Fredenburgh Melbourne

A mid-trial settlement has been reached in a lawsuit brought by the liquidators of collapsed steel giant Arrium against 10 former company directors and officers for allegedly engaging in insolvent trading.

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Herbert Smith Freehills says Arrium lenders ‘a million miles away’ from properly run case
Amy Munro 2021-03-04 6:54 pm By Miklos Bolza Sydney

Law firm Herbert Smith Freehills has attacked a lawsuit brought by a group of lenders against collapsed steel giant Arrium, rejecting claims that $430 million in loans was borrowed under misleading or deceptive representations.

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