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ACCC must pay costs of NSW as ‘necessary and proper party’ in ports case
Competition & Consumer Protection 2021-09-02 3:03 pm By Miklos Bolza

A judge has ordered the ACCC to pay the State of NSW’s costs in its failed proceeding against NSW Ports, finding that even though the consumer watchdog did not initially sue the state government that it was a “necessary and proper” party to the case.

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Bluescope slams as ‘delusional’ ACCC evidence of cartel conduct
Competition & Consumer Protection 2021-08-31 6:04 pm By Cindy Cameronne

BlueScope has labelled “delusional” an argument by the competition regulator that alleged correspondence from a distributor about the steel company’s suggested higher prices was evidence of price-fixing.

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Law firm close to filing Blue Sky class action, partner says
Securities 2021-08-30 5:34 pm By Cat Fredenburgh

A shareholder class action against defunct fund manager Blue Sky Investments and others will be filed by the end of the year, Lawyerly has learned.

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Bluescope’s defence in ACCC case would ‘eviscerate’ cartel laws, trial told
Competition & Consumer Protection 2021-08-30 9:55 pm By Cindy Cameronne

Steel maker Bluescope’s claim that it didn’t engage in cartel conduct because it only encouraged distributors to set a price for its products would “eviscerate” cartel laws, the ACCC has told a court.

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Law firm would have had onus of proof in Arrium cross-claim defence, judge says
Business of Law 2021-08-19 11:56 pm By Christine Caulfield

Herbert Smith Freehills this week escaped a cross-claim that its advice made it liable for the alleged losses of Arrium’s lenders, but the judge who tossed the claim along with the banks’ cases expressed doubts about one of the law firm’s key arguments, a warning to other firms caught up in litigation as so-called concurrent wrongdoers.

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AMP loses bid to access docs in employee poaching dispute
Employment 2021-08-18 9:42 pm By Cindy Cameronne

AMP has lost its bid to access documents showing software company DST Bluedoor’s revenue forecasts and employee remuneration in a $35.5 million legal stoush alleging the financial services firm induced 11 employees to jump ship after licensing its online advisor platform.

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Banks lose cases against directors over $2.8B collapse of steel giant Arrium
Restructuring & Insolvency 2021-08-17 12:15 pm By Christine Caulfield

A judge has dismissed two cases brought by the Commonwealth Bank, Westpac and other lenders against directors of the failed steel giant Arrium, saying he was not satisfied the directors’ representations on loan drawdown notices were false or that the company was insolvent when it went into voluntary administration in April 2016.

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Judge won’t allow Ampol on site to rebrand Caltex stores
Intellectual Property 2021-08-10 6:46 pm By Cindy Cameronne

Service station giant Ampol has lost its bid to force petrol station chain EG Fuel Co to allow it access to 87 Caltex sites so they can be rebranded to Ampol stations, with a judge finding it would cause EG “obvious disruption”.

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Funder wants Full Court to throw out landmark class action ruling
Class Actions 2021-08-04 2:38 pm By Cat Fredenburgh

The funder backing a class action accusing two energy generators of gaming Queensland’s energy prices wants the Full Court to find the landmark Brookfield Multiplex ruling, which held that a litigation funding arrangement for a class action was a managed investment scheme, was wrongly decided.

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Gilbert + Tobin guides Afterpay on ‘transformational’ $39B Square deal
Corporate 2021-08-02 3:51 pm By Cindy Cameronne

Australian law firm Gilbert + Tobin has advised fintech Afterpay on the largest public acquisition in Australian history under which US-based Square will acquire all of the company’s issued shares in a landmark $39 billion deal.

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