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Dispute over $183M solar arbitration award against Spain stayed
Arbitration 2019-08-19 4:28 pm By Miklos Bolza

The Federal Court has stayed a lawsuit seeking to enforce a $183 million international arbitration award against the Kingdom of Spain over a solar farm investment while the country seeks to have the award annulled.

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Crown settles Sydney Harbour views dispute with NSW
Appeals 2019-08-19 3:01 pm By Miklos Bolza

Crown Resorts and Lendlease have settled a dispute with the NSW government over access to unblocked harbour views from the $2.2 billion Crown Sydney Hotel Resort currently being constructed in the city’s Barangaroo area.

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ASIC up to its ears in investigations post-royal commission
Financial Services 2019-08-19 12:56 pm By Miklos Bolza

The Australian Securities and Investigations is making up for lost time, ramping up its investigation and litigation efforts following a blistering critique by the banking royal commission of its soft enforcement approach.

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Litigation must not descend into ‘staged trench warfare’, top judge tells ASIC, ANZ
Financial Services 2019-08-16 11:54 pm By Christine Caulfield

The Federal Court’s top judge has urged ASIC and ANZ to continue their “litigation good faith” in the corporate cop’s action over $35 million in allegedly illegal customer fees charged by the bank, and cautioned the two sides against slogging it out with a “staged trench warfare” mentality.

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Responsible lending class action against Westpac paused after ASIC loss
Class Actions 2019-08-16 10:10 pm By Christine Caulfield

After defeating the corporate regulator’s case alleging it breached responsible lending laws, banking giant Westpac has won a reprieve from lodging a defence in a related class action.

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‘A degree of chaos’: Judge questions IAG common fund as High Court decision looms
Insurance 2019-08-16 8:48 pm By Miklos Bolza

A judge has questioned a common fund application in a class action against two IAG entities over allegedly worthless add-on insurance, saying there may be a “degree of chaos” if the order was approved only to be undone by a pending High Court decision.

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‘This pleading is a mess’: Judge slams liquidators’ case against Forge directors and auditors
Restructuring & Insolvency 2019-08-16 4:11 pm By Amelia Birnie

A judge has sent insolvency firm Ferrier Hodgson back to the drawing board to redraft its pleadings against the former directors and auditors of collapsed construction company Forge Group, warning that the overlapping actions were at risk of becoming an “unrideable bull”.

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Fairfax appeals $280K Chau Chak Wing defamation judgment, says journo didn’t lie
Defamation 2019-08-15 10:27 pm By Miklos Bolza

Fairfax Media has challenged a judge’s “gravely serious” suggestion that one of its journalists lied about a confidential source, during the first day of a two-day appeal hearing over a $280,000 defamation judgment awarded to Chinese-Australian businessman Chau Chak Wing.

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Two firms, one funder out after judge consolidates RCR Tomlinson class actions
Class Actions 2019-08-15 10:01 pm By Amelia Birnie

Law firm Quinn Emanuel Urquhart & Sullivan will push forward with an investor class action against failed engineering company RCR Tomlinson on its own, with two firms driving competing actions agreeing to step down after a judge forcibly consolidated all three proceedings.

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Samsung challenges $138M arbitration award in Roy Hill mine dispute
Arbitration 2019-08-15 9:28 pm By Miklos Bolza

South Korea’s Samsung C&T Corporation has launched two bids in Singapore to set aside a US$94 million (AU$138 million) award relating to its dispute with Spanish energy company Duro Felguera over the Pilbara-based Roy Hill iron ore mine.

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