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IOOF unit’s case ‘utterly unsupportable’, Sparke Helmore tells court
Trials 2019-07-02 8:40 pm By Miklos Bolza

Sparke Helmore has refuted allegations by IOOF subsidiary Australian Executor Trustees (SA) that it failed to provide proper legal advice to the trustee on a 2012 pine plantation sale that left 4,500 investors without millions of dollars worth of assets.

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‘Neglect, inexperience, incompetence’: IOOF unit faces $82M trial over plantation sale
Trials 2019-07-01 7:23 pm By Miklos Bolza

IOOF subsidiary Australian Executor Trustees (SA) is facing an $82 million claim for compensation by investors angered by the way the trustee handled the sale of a 42,000 hectare timber plantation run by collapsed forestry giant Gunns Group.

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RCR Tomlinson class actions get green light, multiplicity fight looms
Class Actions 2019-06-24 5:27 pm By Miklos Bolza

Three shareholder class actions against RCR Tomlinson have been allowed to continued, setting up a class action beauty contest over who will lead the litigation against the failed engineering company.

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Competing law firms agree to join forces in BHP class action
Appeals 2019-06-21 10:33 pm By Christine Caulfield

Rival law firms Phi Finney McDonald and Maurice Blackburn have offered to consolidate their competing shareholder class actions against BHP after prompting by the Full Federal Court, which said Friday it approved of the plan.

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Judge has ‘real misgivings’ about security for costs bid in casual worker class actions
Class Actions 2019-06-17 10:08 pm By Miklos Bolza

A judge has baulked at an application by labour hire company Chandler Macleod and BHP unit Mt Arthur Coal seeking security for their legal costs in two casual worker class actions, saying Fair Work cases were not the same as shareholder class actions.

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AIG loses appeal over insolvency exclusion in Kaboko Mining D&O policy
Insurance 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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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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East Timor tries again to shut down case over $328M fuel supply contract
Energy & Natural Resources 2019-06-07 9:47 pm By Miklos Bolza

The government of East Timor will appeal a Victorian Supreme Court judgment dismissing its application to throw out a case brought by oil and gas firm Lighthouse Corporation over a failed fuel supply agreement.

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Privilege not waived by Allens lawyer’s inadvertent disclosure, court says
Energy & Natural Resources 2019-06-07 9:26 pm By Amelia Birnie

A court has ordered the plaintiffs in a coal mine development contract dispute to destroy unredacted copies of privileged legal advice that were inadvertently disclosed by a solicitor for Allens, which was acting for the other side.

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Judges shoot down last-minute bid to amend Adani native title appeal
Appeals 2019-06-05 12:12 pm By Amelia Birnie

A group of Indigenous Australians opposed to Adani’s Carmichael coal mine in Queensland have lost an eleventh hour bid to add extra grounds to their native title appeal, as they wait for a decision from the Full Federal Court.

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