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ACL’s $1.5B tie-up with Healius rings alarm bells for ACCC
ACCC 2023-07-20 3:07 pm By Gareth Baker

The proposed $1.5 billion merger of Australian Clinical Labs and Healius — two of Australia’s largest pathology services providers — is likely to substantially lessen competition, the ACCC has warned.

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Zap Fitness founder forced to drop negligence suit against Pitcher Partners
Accounting 2023-07-17 11:07 pm By Christine Caulfield

A court has issued an injunction forcing the discontinuance of a negligence suit against accounting firm Pitcher Partners by the former owner of Zap Fitness, a case found to be barred by the terms of a settlement.

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Care A2 loses bid for freezing order in case against Sports Flick exec
Acting Justice Carolyn Simpson 2023-07-10 3:06 pm By Cindy Cameronne

Infant formula maker Care A2 Plus has lost a bid for a freezing order against the former chief financial officer of Sports Flick as it appeals a finding she had no involvement in a fellow executive’s “deceitful” scheme over a $5 million World Cup streaming deal. 

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Viva Energy offers sell-off to win ACCC clearance for $1.15B OTR buy
Competition & Consumer Protection 2023-07-07 11:18 pm By Christine Caulfield

The ACCC has launched a competition review of Viva Energy’s proposed $1.15 billion acquisition of South Australia-based On The Run Group, and the service station giant has already offered a sweetener to get the merger over the line.

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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Allens 2023-07-04 4:19 pm By Sam Matthews

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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Transurban bid for Horizon Roads stake raises competition concerns
ACCC 2023-06-29 11:21 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has expressed concerns that Transurban’s plan to acquire a majority stake in fellow toll road operator Horizon Roads will hinder competition for future toll road projects.

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HWL Ebsworth’s claim of exhausted discovery in partner spat ‘puzzling’, judge says
Ben Hancock 2023-06-29 10:47 pm By Gareth Baker

A judge has criticised HWL Ebsworth’s discovery efforts and ordered the law firm to try again in the firm’s dispute with a former partner claiming the company cut him out of a proposed ASX float in 2020. 

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Slater & Gordon faces court challenge to Allegro takeover by small biz
Business of Law 2023-06-29 9:44 pm By Sam Matthews

A self-managed superannuation fund has taken Slater & Gordon to court to block the the acquisition of its shares in the firm as part of the plaintiff firm’s takeover by private equity firm Allegro Funds, saying the 55 cents per share price is not fair and reasonable.

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NIB wins unpaid loans from Whitecoat developer after $42.5M sale to CBA
CBA 2023-06-28 4:02 pm By Gareth Baker

The developer of healthcare directory app Whitecoat must pay health insurer and joint venture partner NIB $1.6 million for loans that were never repaid following the app’s sale to the Commonwealth Bank for $42.5 million in 2021. 

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Viterra loses appeal of Cargill’s $300M win over Joe White sale
Allan Myers 2023-06-27 3:48 pm By Cindy Cameronne

In a decade-old dispute, Viterra has lost an appeal of a judgment holding it liable to pay Cargill Australia $293 million for misrepresentations about the performance of its malt producer Joe White, which it sold to Cargill for $420 million in 2013.

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