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TasPorts agrees it misused market power, but won’t pay penalty in ACCC case
Competition & Consumer Protection 2021-05-05 1:39 pm By Christine Caulfield

The ACCC has secured a misuse of market power declaration against Tasmanian government-owned TasPorts in the regulator’s first action under amended competition laws, but the ports company will not pay a penalty as part of an agreement to resolve the case.

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Westpac gets lion’s share of proceeds from ‘anxious’ sale of collapsed fintech Sargon Group
Restructuring & Insolvency 2021-04-26 4:04 pm By Miklos Bolza

Westpac will recoup the majority of proceeds from the $29.6 million sale of collapsed fintech Sargon Group, with a judge calling the company’s liquidators “anxious sellers” who sold at speed and well below market value.

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ACCC to fight production of JPMorgan witness statements in ANZ cartel case
Competition & Consumer Protection 2021-04-22 5:02 pm By Cat Fredenburgh

The judge who vowed last year to move a criminal cartel case over a $2.5 billion ANZ share placement to trial “before we all retire” will soon weigh the ACCC’s claim for privilege over statements from JPMorgan witnesses it has been accused of pressuring during its investigation, two months after a different judge heard a still unresolved privilege fight in the long-running case.

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Solomon Lew’s retail giant The Just Group sued for $3.4M in unpaid rent
Real Estate 2021-04-20 1:28 pm By Miklos Bolza

Australian investment management group Fortius Funds Management has taken retail giant The Just Group to court seeking millions of dollars in allegedly unpaid rent for four stores in Sydney’s MidCity Shopping Centre.

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Slater & Gordon pushes back against ‘onerous’ discovery in Arnold Bloch Leibler class action
Class Actions 2021-04-16 3:03 pm By Cindy Cameronne

Slater & Gordon has argued discovery is becoming “unduly onerous” in a cross-claim filed by Arnold Bloch Leibler in a class action accusing the law firm of breaching its duty of care by greenlighting Slate & Gordon’s $1.2 billion acquisition of Quindell.

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‘Nothing the Crown does will satisfy these nine accused’: Prosecution defends ANZ cartel indictment
White Collar 2021-04-01 9:56 pm By Cindy Cameronne

The prosecution in a criminal cartel case against several banks and high-ranking executives over a $2.5 billion ANZ share placement has fought back against accusations that its indictment is “fundamentally flawed” and should be quashed.

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Banksia silk’s refusal to give evidence while seeking to reopen defence ‘inexcusable’, judge says
Class Actions 2021-03-24 4:56 pm By Christine Caulfield

Allowing former senior barrister Norman O’Bryan to reopen his defence in the Banksia class action while “avoiding the witness box” was clearly prejudicial, and futile to boot, a judge has said in his reasons for refusing the silk’s last-minute application.

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Freedom Foods pushes to have Blue Diamond dispute heard in Australia
Appeals 2021-03-24 1:37 pm By Cat Fredenburgh

Freedom Foods is not giving up on its legal battle to have a dispute with Blue Diamond Growers over an almond licensing deal determined in Australia.

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JPMorgan wants to have its cake and eat it too in ANZ cartel case, court hears
Competition & Consumer Protection 2021-03-19 7:04 pm By Miklos Bolza

Whistleblower JPMorgan can’t be a witness in a criminal cartel case over a $2.5 billion ANZ share placement that has ensnared several investment banks and top executives and claim privilege over witness statements relevant to the case, a court has heard.

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Banksia silk Norman O’Bryan signals possible appeal after failure to reopen defence
Legal Ethics 2021-03-18 10:29 pm By Christine Caulfield

Once high-flying barrister Norman O’Bryan might seek to challenge a refusal by the judge overseeing the Banksia class action to revisit his abandoned defence and accept into evidence a document he claims proved he did not secretly hold shares in the funder behind the case.

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