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HWL Ebsworth faces $130M negligent advice case by ex-client
Gilchrist Connell 2021-06-08 4:45 pm By Cindy Cameronne Sydney

A former client is seeking damages of up to $130 million from HWL Ebsworth in a lawsuit accusing the law firm of giving negligent advice on a joint venture to develop land.

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Liquidators of S&P class action plaintiff win strikeout bid in spat over funder’s agreements
Banton Group 2021-06-08 4:24 pm By Christine Caulfield Melbourne

A judge has gutted a defence and counterclaim filed by the biggest unitholder in investment fund Vale in a battle with a litigation funder and liquidators over agreements to join two class actions against S&P Capital, a fight that threatened to hold up one of the class actions.

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Jury finds Country Care not guilty in first criminal cartel case against Australian biz
Competition & Consumer Protection 2021-06-02 3:00 pm By Christine Caulfield Melbourne

The ACCC has suffered a stinging defeat in its criminal cartel action against mobility equipment provider Country Care, its CEO and a former employee, with a jury handing down not guilty verdicts on all eight charges in the case.

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Freedom Foods loses second bid to have $20M Blue Diamond feud heard in Australia
Albert Dinelli 2021-05-28 11:02 pm By Christine Caulfield Melbourne

Freedom Foods’ dispute with Blue Diamond Growers over an almond licensing deal will be heard by an arbitrator in California after an appeals court rejected the company’s plea for an Australian judge to determine the case.

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Worrells partner wins costs from ASIC for incoherent pleading
ASIC 2021-05-14 3:22 pm By Cat Fredenburgh Melbourne

A Worrells liquidator facing ASIC proceedings seeking to have his registration cancelled has won costs from the regulator after a judge found he was entitled to a “coherent pleading” and ordered the regulator to file a statement of claim.

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$1.3M awarded to Queensland floods class action sample group members
Class Actions 2021-05-07 5:01 pm By Cindy Cameronne Sydney

A judge has awarded four sample group members in the Queensland floods class action $1.28 million in compensation, finding that charitable payments did not affect the amount of interest payable on the damages they are owed.

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Blue Diamond loses ‘unjustified’ bid for security for costs against Freedom Foods
Albert Dinelli 2021-05-07 12:12 pm By Cindy Cameronne Sydney

A judge has refused an application by US almond supplier Blue Diamond for over $200,000 in security for costs in proceedings over a disputed licensing deal with Freedom Foods, saying it should have been evident that the bid was “unjustified”.

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BlueScope questions ‘roving inquiry’ by ACCC in cartel case
ACCC 2021-05-06 10:11 am By Cindy Cameronne Sydney

BlueScope Steel has raised concerns over the ACCC’s subpoenas to produce documents in its civil penalty proceedings against the steel company, saying it may significantly broaden the regulator’s claims about which businesses are its competitors.

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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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TasPorts agrees it misused market power, but won’t pay penalty in ACCC case
ACCC 2021-05-05 1:39 pm By Christine Caulfield Melbourne

The ACCC has secured a misuse of market power declaration against Tasmanian government-owned TasPorts in the regulator’s first action under amended competition laws, but the ports company will not pay a penalty as part of an agreement to resolve the case.

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