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BlueScope says it ‘went close to the line’, but did not breach cartel laws
Competition & Consumer Protection 2024-08-26 11:27 pm By Sam Matthews

BlueScope Steel is seeking to overturn a record $57.5 million penalty for engaging in attempted price-fixing with flat steel distributors, telling an appeals court that it was simply trying to make its competitors understand “it was in their interests to price differently”. 

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Former MP Andrew Laming’s penalty doubled for breaching electoral laws with Facebook posts
Politics 2024-08-23 11:58 pm By Cindy Cameronne

Former Liberal MP Andrew Laming has been hit with a $40,000 fine for failing to disclose that he was behind three politically motivated Facebook posts in 2018 and 2019.

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‘Dog chasing its tail’: Long-running $320,000 costs dispute between solicitor and barrister settles
Business of Law 2024-08-21 4:31 pm By Cindy Cameronne

A Sydney barrister and solicitor have settled a dispute over a $320,000 bill initially estimated to cost $60,000 after an appeals court found two costs agreements were void and held that courts should take a “purposive approach” to the rules governing costs disclosure obligations. 

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HWL Ebsworth client rejected $1.35M offer to settle negligence case
Professional Negligence 2024-08-19 11:43 pm By Cindy Cameronne

HWL Ebsworth has won indemnity costs against a former client who alleged the firm gave negligent advice over property in Parramatta’s ‘Auto Alley’, with a court saying the client was the “author of the outcome about which it complains” by rejecting a $1.35 million settlement offer.

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iProsperity liquidators can prioritise $62.5M claims against Crown, Star: Full Court
Restructuring & Insolvency 2024-08-19 11:59 pm By Cindy Cameronne

The former general manager of iProsperity has lost his challenge to the collapsed fund manager’s liquidators getting more time to investigate $18 million in payments he received, with the Full Court finding they were not wrong to prioritise investigations into $62.5 million in payments to Crown and The Star.

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High Court asked to weigh in on scope of whistleblower protections
Appeals 2024-08-16 11:33 pm By Sam Matthews

A former debt collector who accused the ATO of using heavy handed debt collection tactics against taxpayers has asked the High Court to overrule a decision that found he was not immune from prosecution. In a decision handed down in June, the South Australia Court of Appeal dismissed Richard Boyle’s second bid for immunity from…

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Judges don’t have to give ‘running commentary’ on oral submissions, court says
Courts 2024-08-15 11:02 pm By Sam Matthews

An appeals court has rejected oOh!media’s claim that it was denied procedural fairness in a dispute with Transport for NSW, saying judges are not required to give a “running commentary” on oral submissions and that counsel must be “constantly alert” when appearing in court.

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GM can’t ‘walk away’ from language of settlement with class action plaintiff: appeals court
Class Actions 2024-08-15 11:03 pm By Sam Matthews

General Motors has failed to overturn a decision that put it on the hook for the applicant’s full costs in a partial settlement in a class action on behalf of Holden dealers, with an appeals court finding GM could not “walk away” from the ordinary meaning of the phrase ‘the plaintiff’s costs of the proceedings’.

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Fanatics wins timeout amid appeal of loss to AFL merchandise maker
Appeals 2024-08-15 11:55 pm By Cindy Cameronne

A judge has granted a limited stay of an injunction against US sports merchandise Fanatics after AFL merchandise maker FanFirm won its case alleging the US company knew about its ‘Fanatics’ trade marks.

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Judges not constrained by unconscionable conduct checklist, High Court finds
Competition & Consumer Protection 2024-08-14 11:56 pm By Cat Fredenburgh

The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it “may consider” in deciding if conduct rises to the level of unconscionability.

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