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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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Origin, Australia Pacific LNG get ACCC approval for $231M sale of Ironback gas project
Competition & Consumer Protection 2019-05-22 12:09 pm By Cat Fredenburgh

The ACCC will not oppose Origin Energy’s sale of the Ironback coal seam gas project to joint venture partner Australia Pacific for $231 million, less than a third of what it paid for the project ten years ago.

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Class action says UGL should have forecast $129M loss on Ichthys LNG project
Class Actions 2019-05-21 8:00 pm By Miklos Bolza

UGL knew a loss for its Ichthys power project was “looming” as early as February 2014, according to amended pleadings in a shareholder class action, which claims the engineering firm should have forecast a loss of $129 million for the project.

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CIMIC faces bid for indemnity costs after last-minute subpoenas derailed class action trial
Class Actions 2019-05-21 4:20 pm By Miklos Bolza

The lead applicant in a shareholder class action against global engineering firm CIMIC Group has made a bid for indemnity costs, after a last-minute subpoena of three former executives led to the trial being vacated.

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Judge sends suit in Mineralogy Sino Iron litigation ‘shemozzle’ to WA
Energy & Natural Resources 2019-05-20 8:44 pm By Miklos Bolza

A Federal Court judge has transferred a case brought against Clive Palmer and his firm Mineralogy to the Western Australian Supreme Court, where a number of suits are pending in what has been described as “litigious warfare” over the $5.8 billion Sino Iron Ore project.

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WorleyParsons unit to contest $132M arbitration award in Vietnamese mining dispute
Arbitration 2019-05-20 12:40 pm By Miklos Bolza

Engineering firm Jacobs E&C, which was acquired by WorleyParsons last year, has said it will resist an arbitration judgment of around $132 million handed down against it in March to the operator of a Vietnamese mine.

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MACH Energy attacks former director’s ‘inconsistent’ pleadings in $20M lawsuit
Employment 2019-05-16 4:47 pm By Miklos Bolza

Mining firm MACH Energy may move to strike out “inconsistent” pleadings in a $20 million lawsuit brought by its former managing director, Scott Winter, whose discovery delays have raised the ire of the judge hearing the case.

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BHP wins bid for High Court intervention in $82M fight with tax office
Tax 2019-05-15 10:42 pm By Christine Caulfield

The High Court has agreed to take up an appeal by mining giant BHP Group Limited in its battle with the Australian Tax Office over an $82M tax bill.

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