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Insurers on hook for combustible cladding claims against builder LU Simon
Amelia Smith 2023-06-06 3:14 pm By Cindy Cameronne

A judge has found insurers must cover claims against builder LU Simon Builders over alleged combustible cladding in Melbourne’s Atlantis Towers after a judge found the owners were “obvious candidates” to bring legal action.

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Engage Marine can access ACCC docs in competition suit against TasPorts
Arnold Bloch Leibler 2023-05-29 3:37 pm By Sam Matthews

A judge has largely granted a bid by port operations provider Engage Marine to obtain copies of restricted documents in the ACCC’s case against TasPorts as it mounts its own case against the government-owned body, despite noting that principles of open justice don’t dictate an “open slather” approach to documents.

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Noumi class action judge questions ‘unusual’ privilege bid over docs seen by Ashurst, PwC
Alistair Pound 2023-05-08 10:20 pm By Cindy Cameronne

A judge has questioned an “unusual” bid by Noumi to shield over 3,000 documents, their titles and the identities of those who sent them to PricewaterhouseCoopers during a 2020 investigation into the food company’s financial position.

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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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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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Mecca’s distribution agreement with lux cosmetics brand not unlawful, court finds
Andrew Di Pasquale 2023-04-11 11:35 pm By Sam Matthews

Beauty giant Mecca has succeeded in fending off a luxury cosmetics brand’s appeal of a decision that found a term of an exclusive distribution agreement between them was not an unlawful restraint of trade.

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Star execs deny duty to ensure casino operator complied with law
Arnold Bloch Leibler 2023-03-30 5:08 pm By Sam Matthews

Eleven current and former Star Entertainment executives have refuted ASIC’s claims that they breached their duties in relation to the casino operator’s lax money laundering compliance, with all but two denying they had a duty to ensure the company complied with its legal obligations.

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Engage Marine seeks ACCC docs in competition suit against TasPorts
Arnold Bloch Leibler 2023-03-29 3:32 pm By Sam Matthews

Port operations provider Engage Marine is seeking to obtain copies of restricted documents in the ACCC’s case against TasPorts, as it mounts its own competition suit against the Tasmanian government-owned body.

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Law firm expresses ‘regret’ as Aveo pays just $11M to settle class action
Arnold Bloch Leibler 2023-03-28 4:09 pm By Cindy Cameronne

A class action against Aveo Group has settled for $11 million mid trial, with the law firm that brought the case expressing regret for any “distress or anxiety” it caused and acknowledging the retirement village provider’s contracts with residents were lawful. 

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