ACCC lost cartel case because Loyal, Cascade were not competitors, judge rules
TOP STORY
Competition & Consumer Protection August 20, 2018 11:44 pm By Christine Caulfield

The two coal companies at the centre of an ACCC case alleging an unlawful agreement to rig the tender process for mining exploration licenses were not competitors, a judge has ruled in dismissing the watchdog’s cartel case.

Viterra points finger at ex-employees in trial over $420M Joe White sale
Trials August 20, 2018 9:44 pm By Cat Fredenburgh

Viterra is blaming several former employees for representations made about malt quality in the lead-up to the $420 million sale of its Joe White business to Cargill Australia in 2013.

Murray Goulburn faces second class action over profit downgrade
Class Actions August 20, 2018 2:04 pm By Christine Caulfield

Milk supplier Murray Goulburn has been hit with a second class action over its profit forecast revision in 2016 that wiped 40 percent off the dairy cooperative’s investment value.

Other stories
Judge overlooked crucial evidence in Nurofen case, Full Court hears
Competition & Consumer Protection August 20, 2018 10:23 pm By Miklos Bolza

A Federal Court judge skipped vital witness testimony when he ruled Reckitt Benckiser misled consumers about the effectiveness of its Nurofen painkiller, the pharmaceutical company told the Full Federal Court Monday.

Parties in AMS pelvic mesh class action promise streamlined approach
Class Actions August 20, 2018 10:41 pm By Miklos Bolza

Lawyers on both sides of the class action against American Medical Services over pelvic mesh implants have taken steps to ensure the case proceeds with greater efficiency than the pelvic mesh class action against Johnson & Johnson, which went to an 89-day trial five years after that case was filed.

High Court to hear ASIC appeal in outback book-up case
Appeals August 20, 2018 11:25 am By Christine Caulfield

The corporate watchdog has won special leave to appeal to the High Court a ruling that found a general store owner in outback South Australia who sold cars by “book up” had not acted unconscionably.

‘Loose with the truth’ broker to get High Court’s ear
Financial Services August 20, 2018 3:06 pm By Cat Fredenburgh

The High Court has granted special leave to appeal a lifelong ASIC ban to a broker a judge once described as “loose with the truth” and as carrying a “massive bag of dishonest conduct” with him.

Reckitt to seek relief from Nurofen judgment before Full Court
Appeals August 17, 2018 11:45 pm By Cat Fredenburgh

Reckitt Benckiser will try to convince the Full Federal Court on Monday that a judge got it wrong when he found it misled consumers with claims that Nurofen is a more effective pain killer than rival GlaxoSmithKline’s Panadol.

Caesarstone wins trade mark fight for ‘honest concurrent use’
Intellectual Property August 17, 2018 11:52 pm By Miklos Bolza

Building products maker Caesarstone can register two trade marks despite their deceptive similarity to a mark by ceramic tile maker Ceramiche Caesar, a judge has ruled, after finding Caesarstone had shown honest concurrent use of the marks.

Coles wins reduction in fine because slip-and-fall victim was on phone
Personal injury August 17, 2018 11:08 pm By Cat Fredenburgh

An appeals court has ruled grocery giant Coles is entitled to a reduction in a $688,000 personal injury judgment against it because the individual that brought the suit was on his phone at the time of the slip-and-fall incident.

Judge gives RE/MAX, Resimax a week to settle trade mark fight
Intellectual Property August 17, 2018 9:37 pm By Miklos Bolza

After signalling last month they were close to resolving their trade mark dispute, real estate companies RE/MAX and Resimax have been been given one last […]

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Sanitarium, Rebel can’t sue UK insurer over promotion campaign
Contracts August 17, 2018 11:58 pm By Miklos Bolza

A court has dismissed proceedings filed by cereal giant Sanitarium and sports equipment retailer Rebel Sports against a UK-marketing company over a risk transfer agreement […]

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ASIC vows to pursue fees-for-no-service cases in court
Financial Services August 17, 2018 11:05 pm By Christine Caulfield

The corporate watchdog is planning to launch legal action soon over the banking industry’s fees for no service, and expects to secure $1 billion in […]

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