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$37.75M settlement reached in Estia Health class action
Class Actions 2021-02-16 12:48 pm By Cat Fredenburgh

A $37.75 million settlement has been reached in a shareholder class action against Estia Health that accused the aged care provider of failing to disclose difficulties in its 2015 and 2016 acquisition strategy.

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GetSwift slammed for ‘unfair attack’ on judge hearing class action, ASIC case
Class Actions 2021-02-15 7:18 pm By Miklos Bolza

GetSwift has been criticised for its “quite unfair attack” on a Federal Court judge who refused to disqualify himself from hearing a shareholder class action against the logistics software company after presiding over ASIC’s civil penalty proceeding against the company.

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Law firm ordered to cease acting in $51M property spat with ex-client
Legal Ethics 2021-02-15 3:59 pm By Spencer Fowler Steen

A judge has ordered a Melbourne-based law firm to stop acting for property company Xriso in a case against a former client over the terms of a deposit for a $51 million Werribee development in which the firm’s managing partner is likely to be a key witness.

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Trial against Mayfair goes ahead undefended, as a muted Mawhinney listens in
Financial Services 2021-02-15 3:57 pm By Christine Caulfield

The Australian Securities and Investments Commission presented its misleading and deceptive conduct case against companies in the Mayfair Group in an undefended trial on Monday, while the beleaguered investment group’s director watched the online proceedings as a muted observer.

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Liquidators say Arrium directors should have known about ‘liquidity crisis’ sooner
Restructuring & Insolvency 2021-02-15 3:41 pm By Miklos Bolza

The directors of steel giant Arrium, which collapsed owing $4 billion in debts, should have known earlier that the company was in a “liquidity crisis” and was trading while insolvent, liquidators for the company allege.

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ACCC’s conduct in cartel case ‘troubling’, says lawyer for NQCranes
Competition & Consumer Protection 2021-02-15 2:31 pm By Christine Caulfield

Counsel for Queensland-based NQCranes has lashed out at the ACCC for seeking to amend its cartel action against the crane company, telling a court the regulator had been warned for months that the case was deficient.

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Judge questions whether novel PFAS class action should go to Full Court
Class Actions 2021-02-12 3:16 pm By Spencer Fowler Steen

A judge has raised the possibility of referring a class action against the Morrison government for allegedly contaminating Indigenous land with toxic firefighting foam to the Full Federal Court due to novel questions the case raises about whether damages can be recovered for cultural loss.

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Privilege doesn’t apply to loss report for mediation in Gladstone class action
Class Actions 2021-02-12 2:44 pm By Miklos Bolza

The lead applicants in a $100 million class action against Gladstone Ports Corporation have lost their bid to shield an expert loss report from being revealed in an upcoming mediation.

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Kimberly-Clark agrees to pay $200,000 penalty in flushable wipes case
ACCC 2021-02-12 1:41 pm By Miklos Bolza

US consumer goods giant Kimberly-Clark has agreed to pay $200,000 for misleading ‘Made in Australia’ representations made on its ‘flushable’ wipes.

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High Court grants special leave in backpacker tax case
High Court 2021-02-12 12:53 pm By Cat Fredenburgh

The High Court has granted special leave to a British citizen who is locked in a dispute with the Australian Taxation Office over a 15 per cent ‘backpacker tax’ imposed on holders of Australian working holiday visas.

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