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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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Banks unleash new legal maneuvers to shut down ANZ cartel case
Competition & Consumer Protection 2021-08-18 4:07 pm By Miklos Bolza

The banks and high-ranking executives targeted in pared-down criminal cartel proceedings over a $2.5 billion ANZ share placement are taking new steps to shut down the long-running case, including further probes into the ACCC’s conduct during its investigation into the alleged cartel.

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Appeal dismissed in dispute over $81.8M Parklea Markets sale
Appeals 2021-08-18 9:33 pm By Miklos Bolza

Sydney retail personality Con Constantine has lost an appeal seeking to bolster a $4.25 million judgment in his favour over the $81.8 million Parklea Markets sale in 2016.

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Former Citigroup boss escapes ANZ cartel case as prosecutors slash charges
Competition & Consumer Protection 2021-08-17 11:33 pm By Christine Caulfield

Prosecutors have withdrawn two-thirds of the charges in a criminal cartel case over a $2.5 billion ANZ share placement and have dropped their case against former Citigroup CEO Stephen Roberts, according to a lawyer in the case.

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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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Clive Palmer’s Queensland Nickel refinery hit with $26.6M judgment over unpaid gas bill
Energy & Natural Resources 2021-08-10 3:16 pm By Miklos Bolza

The joint managers of Clive Palmer’s Queensland Nickel refinery have been ordered to pay $26.6 million for natural gas charges owed, after a court rejected claims they did not need to repay the money because pipeline owners had breached their duties.

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IOOF may face new misconduct allegations in shareholder class action
Class Actions 2021-08-09 10:20 pm By Bianca Hrovat

The applicant in a shareholder class action against IOOF wants to add ten new misconduct allegations, including that a relative of a former executive made $69,000 by offloading shares.

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Bristol-Myers Squibb denies claims in Merck Sharp & Dohme’s misuse of market power case
Competition & Consumer Protection 2021-08-06 3:06 pm By Miklos Bolza

Pharmaceutical giant Bristol-Myers Squibb will fight a case brought by Merck Sharp & Dohme alleging misuse of market power over stage IV melanoma treatments, telling the Federal Court on Friday it denied its rival’s claims.

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The Star loses bid to recover COVID-19 losses from insurers
Insurance 2021-08-05 9:39 pm By Miklos Bolza

The Star Entertainment Group will not be able to recoup losses at its casinos and hotels stemming from the COVID-19 pandemic, after a judge found the company’s $4 billion industrial special risks policy did not cover financial losses from government-imposed restrictions.

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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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