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Judge shoots down amendment to group definition in Uber class action
Class Actions 2020-04-02 5:17 pm By Cat Fredenburgh Melbourne

A judge has denied a bid by the applicant in a massive class action against ride-sharing giant Uber to amend the group definition to include successors and assignees of those with claims, saying the request was made too late and that it was not clear who exactly would be included in the new group.

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Icon seeks to recoup Opal Tower losses in latest class action cross-claim
Class Actions 2020-04-02 4:54 pm By Miklos Bolza Sydney

Construction giant Icon has filed a cross-claim against the prefab concrete company behind the ill-fated Opal Tower, seeking to recover at least part of almost $28 million in losses spent after cracks in the building caused residents to evacuate in 2018.

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Short seller Bonitas ordered to pay $900,000 over misleading report on Rural Funds
Agriculture 2020-04-01 9:52 pm By Christine Caulfield Melbourne

Activist short seller Bonitas Research must pay Rural Funds Management almost $900,000 after the US-based Bonitas was found to have engaged in misleading or decpetive conduct in issuing a report describing the agricultural fund manager’s equity as “ultimately worthless”.

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Spain hit with solar investor lawsuit seeking enforcement of $75.1M arbitration award
Arbitration 2020-04-01 5:08 pm By Cat Fredenburgh Sydney

The Kingdom of Spain is facing yet another Federal Court enforcement proceeding over its ill-fated renewable energy initiative, this time by a Luxembourg-based renewable investment firm seeking payment of a $75.1 million award granted by an international arbitration tribunal.

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Court orders winding up of Merlin Diamonds after ‘serious contraventions’ unearthed
ASIC 2020-04-01 5:02 pm By Cat Fredenburgh Sydney

A judge has ordered that Joseph ‘Diamond Joe’ Gutnik’s Merlin Diamonds be wound up after the mining company’s provisional liquidators uncovered “serious contraventions” and a “serious failure of governance”.

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Asahi’s $16B deal to buy CUB gets competition approval with sell-off
Article 2020-04-01 2:27 pm By Christine Caulfield Melbourne

The competition watchdog has signed off on the $16 billion acquisition of Carlton & United Breweries by Asahi after the Japanese beer giant offered to shed key beer and cider brands to seal the deal.

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Barristers to robe up at home for trial by videochat in ACCC case against Kogan
ACCC 2020-04-01 11:44 am By Miklos Bolza Sydney

Barristers for the ACCC and online retailer Kogan have been asked to robe up at home as the previously in-person trial shifts to videochat in response to the COVID-19 health crisis.

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Judge says no to virtual hearing in Guy Sebastian’s dispute with ex-manager
Contracts 2020-03-31 3:55 pm By Alison Eveleigh Sydney

A judge has decided not to hold a virtual trial in a long-running dispute between Guy Sebastian and his now self-represented former manager Titus Day over allegedly unpaid entitlements, due to difficulties in judging witness credibility and because Day might have a challenging time litigating online.

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UK litigation funder secures $162M war chest for Aussie class actions
Business of Law 2020-03-31 3:49 pm By Miklos Bolza Sydney

London-based litigation funder Balance Legal Capital has raised $162 million from institutional investors to pursue lawsuits in Australia and worldwide, including class actions.

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COVID-19 pandemic no excuse to delay $2.5B Icthys LNG case, judges say
Appeals 2020-03-31 3:25 pm By Alison Eveleigh Sydney

An appeals court has found that parties forced to conduct hearings via telephone or video conference in the wake of the COVID-19 pandemic are not disadvantaged by the new arrangements, refusing to delay the appeal of a $2.5 billion contractual dispute concerning the Ichthys gas project in the Northern Territory until the parties can appear in person before the court.

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