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Veolia wins discovery for potential case against EnergyAustralia
Competition & Consumer Protection 2023-05-11 11:05 pm By Christine Caulfield

Water services company Veolia Water Australia has won its bid for EnergyAustralia and two mining companies to hand over information about the quality of mine water they send for treatment, with a judge finding it could be “materially worse” than promised.  In a judgment handed down on Wednesday, Federal Court Justice Scott Goodman ordered EnergyAustralia…

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Tinkler case against Mach Energy dismissed after security for costs goes unpaid
Ben Hancock 2023-05-09 4:09 pm By Christine Caulfield

A lawsuit by the companies of mining executive Nathan Tinkler against MACH Energy alleging misuse of confidential information has been tossed after the deadline for paying security for costs came and went.

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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 plaintiffs get same relief from limitation periods as group members: judge
Class Actions 2023-04-24 10:54 am By Cindy Cameronne

A judge has found that lead plaintiffs in a class action by commercial fishing operations against Gladstone Ports can bring new claims out of time, saying it would be “grossly inconsistent” if group members had broader limitation relief than representative parties.

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Qantas asks for meeting with ACCC after Alliance acquisition hits wall
Aviation 2023-04-20 11:14 am By Christine Caulfield

The competition regulator has opposed Qantas’ acquisition of Brisbane-based regional airline Alliance Aviation Services, saying the deal was likely to substantially reduce competition in air transport for mining companies in Western Australia and Queensland.

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Judge won’t stay reference in ‘monumental’ Santos, Fluor litigation
Construction 2023-04-19 10:48 pm By Sam Matthews

A judge won’t stay a reference process which US company Fluor claims is infected with bias, in a “monumental” dispute with energy giant Santos that has already generated a $57.5 million legal bill for the engineering firm.

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KordaMentha partners fight examination over Arrium administration
Alexander Di Stefano 2023-04-14 3:38 pm By Cindy Cameronne

The Australian Securities and Investments Commission is fighting a challenge by three KordaMentha partners to the regulator’s decision to allow insurer Atradius to subject them to public examination over their administration of failed steel giant Arrium.

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As trial in family feud nears, Gina Rinehart’s Hancock Prospecting rebuked for contributing to delay
Adam Hochroth 2023-04-13 11:06 pm By Cindy Cameronne

A judge has granted a discovery bid by two of Gina Rinehart’s children as a long-running fight over ownership of a valuable mining tenement nears trial, and has rejected her company’s argument that they were solely responsible for dragging out a dispute over documents.

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KPMG points finger at CudeCo, directors in class action over company collapse
Accounting 2023-04-13 4:33 pm By Cindy Cameronne

KPMG has hit back at a shareholder class action over allegedly misleading statements made ahead of CuDeco’s collapse in 2020, placing blame on the defunct mining company, its directors and group members themselves. 

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High Court dashes Spain’s challenge to sovereign immunity claims in $394M dispute
Arbitration 2023-04-12 1:48 pm By Cindy Cameronne

Spain has lost its High Court appeal arguing it had sovereign immunity from an Australian court’s recognition of a $394 million arbitration award against the country for changes to its energy policies. 

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