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Full Federal Court dismisses Linfox’s $45M fuel tax challenge as ‘too weak’
Tax 2019-09-05 2:42 pm By Amelia Birnie

The Full Federal Court has dismissed Linfox’s $45 million fuel tax credit appeal, finding the Australian logistics company’s argument was ‘too weak or uncertain’ to conclude that it was being over-taxed on major toll roads across the country.

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Iluka class action saved as new funder signs on
Class Actions 2019-09-05 1:38 pm By Miklos Bolza

A shareholder class action against mineral sands producer Iluka Resources has locked in litigation funding, ending months of uncertainty about the fate of the proceedings.

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Judge joins twin actions against Forge directors and auditors
Restructuring & Insolvency 2019-09-05 12:09 pm By Amelia Birnie

A judge has consolidated two concurrent cases against the former directors and auditors of collapsed construction company Forge Group, after warning the overlapping actions needed to be carefully managed to avoid it becoming an “unrideable bull”.

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Chilled meals deal gets frosty reception from ACCC
Competition & Consumer Protection 2019-09-05 12:02 pm By Christine Caulfield

The competition regulator is opposing a deal to combine two of Australia’s largest manufacturers of chilled ready meals, and fired a warning shot to companies and administrators who fail to ensure the watchdog is notified of deals with close competitiors.

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Landmark Uber class action should be thrown out, court told
Class Actions 2019-09-04 10:28 pm By Christine Caulfield

A class action alleging a conspiracy between ride-share giant Uber and related entities to launch a car service to take business from taxi drivers across Australia has no prospect of success and should be struck out, a lawyer for Uber told a court Wednesday.

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$29M Radio Rentals settlement clears hurdle after ex-CEO cries prejudice
Class Actions 2019-09-04 10:13 pm By Miklos Bolza

The $29 million settlement in the Radio Rentals ‘Rent, Try, $1 Buy’ class action is back on track after concerns by former CEO James Marshall about uncertainty in the deed of settlement were resolved.

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WorleyParsons ditches bid to close down class action mid-trial
Class Actions 2019-09-04 8:03 pm By Amelia Birnie

WorleyParsons has abandoned its mid-trial application to shut down a shareholder class action, amid uncertainty about whether the engineering company would be required to surrender its right to call reply evidence if it continued with its submission that it has no case to answer.

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ACCC loses appeal in cartel case over coal mining licences
Appeals 2019-09-04 3:46 pm By Miklos Bolza

The Australian Competition and Consumer Commission has failed in its challenge to a ruling that dismissed its bid-rigging case over mining exploration licences involving Cascade Coal and the sons of jailed Labor politician Eddie Obeid.

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CIMIC attacks ‘forests of contingencies’ in class action pleadings
Class Actions 2019-09-04 2:26 pm By Miklos Bolza

Engineering services firm CIMIC Group has attacked the pleadings in a shareholder class action against it, saying needlessly convoluted paragraphs containing a “numerically vast number of contingencies” should be struck out.

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ASIC takes BOQ, Bendigo Bank to court over small business contracts
ASIC 2019-09-04 10:31 am By Cat Fredenburgh

The Australian Securities and Investments Commission has filed Federal Court proceedings against Bank of Queensland and Bendigo and Adelaide Bank over alleged unfair terms in their small business contracts.

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