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Ex-BlueScope exec Jason Ellis avoids jail for obstructing ACCC cartel probe
Competition & Consumer Protection 2020-12-15 10:29 pm By Christine Caulfield

Former BlueScope general manager of sales and marketing Jason Ellis has been sentenced to a wholly suspended prison term of eight months after pleading guilty to obstructing a price fixing investigation.

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Reckitt’s ‘weak’ case dooms bid to kill Raid Max ads
Competition & Consumer Protection 2020-12-14 1:16 pm By Christine Caulfield

A judge has dismissed an attempt by a Reckitt Benckiser unit to block Raid insect spray ads by rival SC Johnson , saying the consumer goods giant had a “weak” prima facie  case based on “excessively literal and strained” interpretations of the ads.

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Law firm’s ‘overly combative manner’ prompts independent counsel appointment in bushfire class actions
Class Actions 2020-12-11 11:58 pm By Christine Caulfield

A judge will appoint an independent barrister to determine the allocation of settlement proceeds between insured group members and their insurers from two St Patrick’s Day bushfire class actions, finding that the ‘overly combative’ conduct of law firm Maddens warranted the appointment despite the extra costs involved.

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Banksia funder’s son would have confided in friend had he known of dad’s deception, court told
Class Actions 2020-12-11 10:43 pm By Christine Caulfield

The son of the funder behind a class action at the centre of scandalous misconduct claims says he would have sought advice from a family friend if he had realised his father and counsel leading the case were misleading the court to inflate their profits from a $64 million settlement.

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‘I didn’t put two and two together’: Lawyer says he never caught on to misconduct in Banksia case
Class Actions 2020-12-09 10:54 pm By Christine Caulfield

Solicitor Alex Elliott has said it never clicked with him that members of the legal team running the Banksia class action were misleading an appeals court when his father — the mastermind behind the alleged deception — told him to sign cheques for lawyers that they could not cash.

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Routine email destruction ‘bombshell’ on eve of Banksia funder’s death just a ruse, court told
Class Actions 2020-12-08 11:25 pm By Christine Caulfield

The funder accused of a fraudulent scheme to pocket inflated fees from the Banksia Securities class action produced less than 200 documents to the contradictor in the case and invented a story about a routine email purging practice to explain the discovery hole, a court has heard.

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Ex-Norton Rose Fulbright partner says $160,000 damages ‘manifestly inadequate’
Appeals 2020-12-08 4:50 pm By Christine Caulfield

A sacked Norton Rose Fulbright partner is challenging a $160,000 award handed down by a judge who found the law firm intentionally deceived him in litigation over his dismissal, arguing the sum is “manifestly inadequate”.

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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
Competition & Consumer Protection 2020-12-08 1:34 pm By Christine Caulfield

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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Damages to misclassified casuals will be offset by loading under new workplace bill
Employment 2020-12-07 10:10 pm By Christine Caulfield

Casual workers will have the option of permanent employment after 12 months under the Morrison government’s industrial relations omnibus bill to be unveiled this week, but the legislation will also scale back what damages casuals can pocket in legal action over misclassification.

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ASIC wins winding up orders against accused Ponzi schemer Chris Marco
Financial Services 2020-12-07 9:26 pm By Christine Caulfield

A judge has ordered the winding up of a managed investment scheme operated by Perth businessman Chris Marco and his company AMS Holdings after investors allegedly lost more than $200 million.

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