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Vietnamese mining firm drops $132M arbitration award dispute with WorleyParsons unit
Arbitration 2019-09-11 1:35 pm By Miklos Bolza

The operator of a Vietnamese mine has dropped its Federal Court proceedings against WorleyParsons subsidiary Jacobs E&C over the enforcement of a $132 million arbitration award.

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ASIC to challenge ‘uncertainty’ of Westpac responsible lending decision
Appeals 2019-09-10 9:07 pm By Amelia Birnie

The Australian Securities and Investments Commission has filed an appeal against the Federal Court’s responsible lending ruling in favour of Westpac, arguing the decision had created uncertainty around the obligations of credit providers.

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Corporate cop looks to bolster Rio Tinto case with US evidence from PwC witness
Energy & Natural Resources 2019-09-10 4:38 pm By Miklos Bolza

The Australian Securities and Investments Commission is seeking evidence from US proceedings in its case against Rio Tinto alleging the mining giant misled shareholders about a Mozambique mining company purchased for US$4.2 billion.

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ACCC’s decision to block Vodafone, TPG merger ‘chock full of speculation’, court hears
Competition & Consumer Protection 2019-09-10 2:13 pm By Christine Caulfield

The competition regulator’s opposition to the proposed $15 billion merger of telecommunications companies Vodafone and TPG was based on “mere possibilities” and was “chock full of speculation”, the Federal Court heard Tuesday.

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Judge strikes out CIMIC class action claims pleaded in ‘factual vacuum’
Class Actions 2019-09-10 12:02 pm By Miklos Bolza

Engineering services company CIMIC has won a challenge to the pleadings in a shareholder class action against it, with the Federal Court striking out deficient paragraphs but giving the class a chance to replead.

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Judge gives ACCC go-ahead to continue case against insolvent Jump
Competition & Consumer Protection 2019-09-10 10:40 am By Miklos Bolza

The Australian Competition and Consumer Commission has won its bid to continue proceedings against the insolvent operator of the Jump! swim school franchise and its director, with a court finding the case was in the public interest.

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Property developer Ralan Group faces potential class action over collapse
Class Actions 2019-09-09 10:17 pm By Christine Caulfield

William Roberts Lawyers and a litigation funder are investigating potential claims by property purchasers and investors against Ralan Group after the developer entered administration and creditors were warned to “prepare for a poor outcome”.

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Judge hands win to Starcom liquidator over insolvent trading period
Restructuring & Insolvency 2019-09-09 8:40 pm By Miklos Bolza

Two former directors of collapsed business and IT solutions provider Starcom Group have failed in their attempt to toss a referee’s report that found the company was insolvent 22 months before it was wound up.

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Ex-Tennis Australia directors lose bid for ASIC chats with witnesses
White Collar 2019-09-09 3:56 pm By Miklos Bolza

Two former directors of Tennis Australia can’t access chats between ASIC and other executives from the tennis body, with a judge finding the documents recording the communications with the potential witnesses were created in anticipation of litigation and were therefore privileged.

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Federal Court approval of funding commission recognises risks faced by funders
Expert Insights 2019-09-09 3:17 pm By Editor

In a recent decision, Federal Court Justice Jonathan Beach approved the settlement of the securities class action against Sirtex Medical. The approval included the judge making a common fund order and allowing funder IMF Bentham’s commission in the amount of $10 million, namely 25% of the gross settlement sum of $40 million. In approving the commission, Justice Beach noted that the rate should properly provide a reward for the risks undertaken by the funder, writes IMF Bentham’s Gavin Beardsell and Kate Hurford.

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