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National Tiles boss Frank Walker can shield legal docs in fraud case by ousted director
Corporate 2023-07-31 11:41 pm By Christine Caulfield

A judge has sided with National Tiles founder Frank Walker over the privilege status of advice from his lawyers in a case by a former director alleging Walker falsified minutes of a crucial company board meeting, saying the evidence on its face did not suggest the minutes had been fabricated.

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Viterra goes to High Court in epic fight with Cargill over Joe White sale
High Court 2023-07-27 11:27 pm By Christine Caulfield

Glencore-owned Viterra has taken its 10-year fight with Cargill to the High Court after an appeals court upheld a judgment putting it on the hook for almost $300 million in damages for misleading representations in the sale of malt producer Joe White in 2013.

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ACL’s $1.5B tie-up with Healius rings alarm bells for ACCC
Competition & Consumer Protection 2023-07-20 3:07 pm By Gareth Baker

The proposed $1.5 billion merger of Australian Clinical Labs and Healius — two of Australia’s largest pathology services providers — is likely to substantially lessen competition, the ACCC has warned.

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Zap Fitness founder forced to drop negligence suit against Pitcher Partners
Professional Negligence 2023-07-17 11:07 pm By Christine Caulfield

A court has issued an injunction forcing the discontinuance of a negligence suit against accounting firm Pitcher Partners by the former owner of Zap Fitness, a case found to be barred by the terms of a settlement.

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Care A2 loses bid for freezing order in case against Sports Flick exec
Corporate 2023-07-10 3:06 pm By Cindy Cameronne

Infant formula maker Care A2 Plus has lost a bid for a freezing order against the former chief financial officer of Sports Flick as it appeals a finding she had no involvement in a fellow executive’s “deceitful” scheme over a $5 million World Cup streaming deal. 

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Viva Energy offers sell-off to win ACCC clearance for $1.15B OTR buy
Corporate 2023-07-07 11:18 pm By Christine Caulfield

The ACCC has launched a competition review of Viva Energy’s proposed $1.15 billion acquisition of South Australia-based On The Run Group, and the service station giant has already offered a sweetener to get the merger over the line.

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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Construction 2023-07-04 4:19 pm By Sam Matthews

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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Slater & Gordon faces court challenge to Allegro takeover by small biz
Slater & Gordon 2023-06-29 9:44 pm By Sam Matthews

A self-managed superannuation fund has taken Slater & Gordon to court to block the the acquisition of its shares in the firm as part of the plaintiff firm’s takeover by private equity firm Allegro Funds, saying the 55 cents per share price is not fair and reasonable.

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HWL Ebsworth’s claim of exhausted discovery in partner spat ‘puzzling’, judge says
Business of Law 2023-06-29 10:47 pm By Gareth Baker

A judge has criticised HWL Ebsworth’s discovery efforts and ordered the law firm to try again in the firm’s dispute with a former partner claiming the company cut him out of a proposed ASX float in 2020. 

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Transurban bid for Horizon Roads stake raises competition concerns
Competition & Consumer Protection 2023-06-29 11:21 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has expressed concerns that Transurban’s plan to acquire a majority stake in fellow toll road operator Horizon Roads will hinder competition for future toll road projects.

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