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J&J hip implant class members to be paid in full from $250M settlement
Class Actions 2019-06-17 8:13 pm By Miklos Bolza

Group members in a class action against Johnson & Johnson unit DePuy International over allegedly defective hip implants are on track to receive 100 per cent of their claims as the $250 million settlement continues to be distributed, a court has heard.

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Government to fund examination of JM Kelly’s web of inter-company loans
Clayton Utz 2019-06-17 5:25 pm By Amelia Birnie

The Commonwealth has agreed to fund a public examination into the affairs of collapsed Queensland-based construction group JM Kelly, after liquidators uncovered a complicated web of inter-company loans.

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Judge has ‘no sympathy’ for ACCC’s attempt to block Ultra Tune appeal
Competition & Consumer Protection 2019-06-17 4:15 pm By Amelia Birnie

Ultra Tune has been given the go-ahead to challenge a $2.6 million penalty for alleged breaches of franchising and consumer laws, after a judge said she had “no sympathy” for the consumer regulator’s opposition to the car repair franchisor’s bid for more time to lodge an appeal.

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HWL Ebsworth partners on trial for alleged negligence over Sydney land tender
Acting Justice Carolyn Simpson 2019-06-14 11:18 pm By Miklos Bolza

HWL Ebsworth’s partners are facing trial in a case blaming the law firm and the NSW government for losses stemming from the $28.5 million sale of Crown-owned Sydney land to property developer PPK Group.

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Judge takes ax to $5.7M bill by liquidators of SK Foods units
Ben Doyle 2019-06-14 9:59 pm By Miklos Bolza

A court has taken an ax to the final bill by liquidators of three failed subsidiaries of multi-national agribusiness SK Foods Group, lopping off 30 per cent after a successful intervention by the corporate regulator, which called the more than $5.7 million claimed by the liquidators excessive.

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Ernst & Young strikes back in Quintis class action
Agriculture 2019-06-14 9:42 pm By Cat Fredenburgh

Ernst & Young, which has been named in a class action over its auditing of sandalwood producer Quintis, has filed cross-claims alleging Quintis should pick up the tab for any liability it may face in the proceedings.

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AIG loses appeal over insolvency exclusion in Kaboko Mining D&O policy
Appeals 2019-06-14 9:13 pm By Cat Fredenburgh

AIG Australia has failed to convince the Full Federal Court that an insolvency exclusion in a directors and officers policy held by Kaboko Mining should exempt it from covering claims brought by the collapsed mining company against four former executives after a failure to repay a US$5.95 million loan allegedly led to the company’s insolvency.

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$1.1M settlement in Quaker Hill Nursing Home class action wins court approval
Class Actions 2019-06-14 2:04 pm By Miklos Bolza

A court has given the green light to a $1.1 million class action settlement with the owners of Sydney’s Quakers Hill Nursing Home over a fire deliberately lit by one of its employees in 2011.

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Commonwealth planning High Court appeal of Navy class action revival
Appeals 2019-06-14 1:44 pm By Miklos Bolza

The Commonwealth of Australia is preparing a special leave application to the High Court challenging a NSW Court of Appeal decision reviving a class action brought on behalf of sailors over an allegedly broken Navy training promise.

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Spain to claim sovereign immunity in suit over $392M arbitration award
Arbitration 2019-06-13 7:57 pm By Miklos Bolza

The Kingdom of Spain is contesting attempts to enforce two arbitration awards worth $392 million in the Federal Court, claiming sovereign immunity as it attempts to shut the proceedings down.

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