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‘Diamond Joe’ Gutnick’s company ordered to pay debts or face winding up
Restructuring & Insolvency 2019-05-31 3:55 pm By Miklos Bolza

An appeals court has ordered a phosphate mining company owned by mining magnate Joseph Gutnik to pay back more than $225,000 owed to the Queensland state government or face immediate liquidation, accusing the company of showing a “cavalier attitude” towards earlier orders made by the court.

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Judge tosses class action over Rudd Government’s home insulation subsidy program
Class Actions 2019-05-31 2:56 pm By Cat Fredenburgh

The government has won a victory following a lengthy trial in a class action brought on behalf of businesses alleging they were harmed when the Rudd Government cancelled a program that subsidised home insulation installations during the economic downturn.

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Piper Alderman says costs breach in KPMG class action ‘obviously accidental’
Class Actions 2019-05-31 2:42 pm By Amelia Birnie

Piper Alderman has urged a judge to excuse its “obviously accidental” breach of legal profession costs regulations in its Discovery Metals investor class action against KPMG, warning that group members could suffer detriment if its $3.5 million legal bill was not approved quickly.

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Squire Patton Boggs emails privileged in dispute over Pilbara power purchase agreement
Energy & Natural Resources 2019-05-31 10:57 am By Miklos Bolza

The court has blocked a unit of Fortescue Metals Group from accessing emails sent by Squire Patton Boggs about a now disputed power purchase agreement, saying the communications are privileged.

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Maurice Blackburn gets second shot at pursuing class action against BHP
Appeals 2019-05-28 9:18 pm By Christine Caulfield

Maurice Blackburn has partly prevailed in an appeal of a judge’s decision to put the brakes on its shareholder class action against BHP while greenlighting a competing case brought by Phi Finney McDonald, with an appeals court ordering the rival law firms to negotiate a deal to consolidate their litigation.

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Farmers can’t use the word ‘oil’ in Montarra oil spill class action, PTTEP says
Class Actions 2019-05-28 8:19 pm By Amelia Birnie

Oil company PTTEP has objected to Indonesian seaweed farmers using the word “oil” in their evidence in the Montarra oil spill class action, arguing they are not qualified to identify oil.

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Judge questions Piper Alderman’s $3.5M legal bill in KPMG class action
Class Actions 2019-05-28 1:59 pm By Amelia Birnie

A judge has questioned whether he should approve the $3 million legal bill in the settled Discovery Metals shareholder class action against KPMG, amid concerns the plaintiff’s lawyers, Piper Alderman, breached legal profession regulations by failing to update their estimated costs.

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Appeals court in BHP class action battle questions superiority of no win, no fee model
Appeals 2019-05-27 11:45 pm By Christine Caulfield

Maurice Blackburn’s funding model rejected by a judge overseeing a beauty parade of class actions against BHP appeared structured to incentivise the firm to push up its legal fees, an appeals court said Monday on the first day of a high stakes hearing challenging a decision to shut down two of three competing cases against the mining giant.

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Court approves confidential KPMG class action settlement over objections
Class Actions 2019-05-27 9:32 pm By Amelia Birnie

A judge has signed off on the confidential settlement of a shareholder class action brought against KPMG relating to the failed $830 million hostile takeover of mining firm Discovery Metals, despite objections that the settlement process was “unfair and unjust”.

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Termite Resources directors appeal $7M damages ruling for liquidators
Restructuring & Insolvency 2019-05-23 1:57 pm By Christine Caulfield

The former directors of collapsed mining company Termite Resources have appealed a ruling ordering them to pay $7 million in damages for allegedly breaching their duty by distributing more than $46 million to Termite’s parent company and failing to maintain a cash reserve of at least $10 million.

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