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ACCC’s rejection of $1.8B Telstra, TPG deal stands on appeal
Telecommunications 2023-06-21 10:22 am By Cindy Cameronne

Telstra and TPG have lost their challenge to the ACCC’s decision refusing authorisation for a $1.8 billion regional network sharing agreement, with the Australian Competition Tribunal finding the deal would increase Telstra’s dominance in the mobile phone market. 

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Judge mulls contradictor over ATE costs in super class action against Westpac
Class Actions 2023-06-15 5:11 pm By Sam Matthews

A judge overseeing a superannuation class action against two Westpac units that settled for $30 million has flagged the possibility of appointing a contradictor to examine the litigation funder’s claimed cut of the settlement, which includes a deduction of over $1 million to cover the costs of after-the-event insurance.

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Hyundai, Kia can’t inspect vehicles at centre of class actions
Class Actions 2023-06-07 11:11 pm By Sam Matthews

A judge overseeing class actions against car makers Hyundai and Kia over alleged engine defects has dismissed the carmakers’ bid to inspect the lead applicants’ vehicles before defences are filed in the proceedings.

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Coles, Woolworths ‘can’t hide behind’ poor records, court told as underpayments trial kicks off
Trials 2023-06-05 5:56 pm By Cindy Cameronne

On the first day of trial in parallel class actions and regulatory proceedings, the Fair Work Ombudsman panned the payment systems adopted by Woolworths and Coles for salaried managers, saying they were “entirely foreign” to the industrial award and that the supermarket giants had “no meaningful proper records” for overtime. 

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FWO urged to redo maths in underpayments case against Rebel Sport owner
Employment 2023-05-30 11:48 pm By Gareth Baker

A judge has urged the Fair Work Ombudsman to act quickly after it told the court it accidentally undervalued claimed underpayments in a case against the owner of Rebel Sport, the regulator’s first case against a holding company for alleged wrongdoing by its subsidiaries.

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Tech exec subjected to DXC’s ‘unreasonable’ 7-year restraint clause wins appeal
Technology 2023-05-16 10:28 pm By Sam Matthews

An appeals court has found a seven-year non-competition clause in US tech giant DXC Eclipse’s agreement with the former director of Melbourne software firm Sable37, which it acquired in 2018, was unreasonable.

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Opal Tower class action funder’s appeal of cuts to commission falls flat
Class Actions 2023-05-12 11:13 pm By Cat Fredenburgh

An appeals court has shot down funder Augusta’s challenge to a decision that cut its commission in the Opal Tower class action, putting funders on notice that they will have to marshal compelling evidence to win approval for their returns from an increasingly watchful court.

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Optus fronts Competition Tribunal to warn about ‘troubling’ $1.8B Telstra, TPG deal
Competition & Consumer Protection 2023-05-09 11:36 pm By Cindy Cameronne

Telstra and TPG have asked the Competition Tribunal to undo the ACCC’s rejection of their proposed regional network sharing agreement, but fellow telco Optus has warned the deal would kneecap its ability to compete.

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No livestream for trial in wage cases against Coles, Woolworths
Employment 2023-04-28 2:51 pm By Christine Caulfield

A Federal Court judge has pulled the plug on a bid by the Fair Work Ombudsman for an upcoming trial in wage cases against supermarket giants Coles and Woolworths to be livestreamed like other hearings of public interest in the court.

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ACCC says it’s too late for regrets in BlueScope price-fixing case
Competition & Consumer Protection 2023-04-12 10:39 pm By Sam Matthews

BlueScope Steel spent $27 million defending the ACCC’s claims that it engaged in serious cartel conduct in relation to the supply of flat steel products in Australia, and its apologies came too late to warrant a penalty discount, a court has heard.

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