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GetSwift judge had power to stay competing class actions, Full Court rules
Appeals November 20, 2018 11:21 am By Christine Caulfield

The Full Federal Court has dismissed a challenge to a ruling that chose one of three shareholder class actions to proceed against GetSwift, saying the […]

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Commonwealth denied costs in class action by detained asylum seekers
Class Actions November 20, 2018 9:49 pm By Cat Fredenburgh

The scope of the government’s power to detain individuals is “a matter of considerable public importance”, a judge has said, shooting down the Commonwealth’s bid for costs after it won the dismissal of a class action brought on behalf of asylum seekers who allege they were unlawfully imprisoned in Australian immigration detention centres.

Monster Energy drops challenge to Fernbrew ‘beast’ trade mark
Intellectual Property November 20, 2018 2:39 pm By Cat Fredenburgh

Energy drink giant Monster Energy has dropped its challenge to a ruling allowing alcoholic spirits wholesaler Fernbrew to trade mark the term ‘Real Beast’ for alcoholic beverages.

Dick Smith shareholder must join class action to pursue claims, judge says
Class Actions November 20, 2018 11:17 pm By Cat Fredenburgh

A Dick Smith shareholder has lost his bid to bring a separate proceeding against the failed home goods retailer while two class actions are afoot.

Barry Plant hit with $720,000 fine for duping house hunters with low display prices
Competition & Consumer Protection November 20, 2018 10:47 am By Christine Caulfield

Real estate agency Barry Plant has been hit with a $720,000 fine after admitting it breached the consumer laws by underquoting the likely selling price of 20 properties listed online.

GetSwift ruling to offer roadmap for competing class actions
Appeals November 19, 2018 9:18 pm By Christine Caulfield

A groundbreaking judgment by the Full Federal Court over competing class actions will be handed down Tuesday morning and is expected to give judges much needed guidance on how to move forward when confronted, as they increasingly are, with multiple proceedings over the same alleged misconduct.

Freight cos. slam ACCC’s collusion case over rail deal at start of trial
Competition & Consumer Protection November 19, 2018 11:51 pm By Christine Caulfield

Pacific National would not misuse its market power after taking control of an important rail terminal in Brisbane because that would be “irrational”, the Federal Court heard Monday at the start of a two-week trial in the competition watchdog’s case alleging the rail giant colluded with competitor Aurizon to become the dominant operator of key freight corridors.

Accountant lied to conceal Centaur Ponzi scheme, court hears
Restructuring & Insolvency November 19, 2018 10:02 pm By Miklos Bolza

The accountant and best friend of fraudster Scott Williams “prevaricated and lied” to hide his knowledge of the Centaur Litigation Ponzi scheme that misappropriated $32 […]

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ASIC bans AGM Markets director for 8 years
Competition & Consumer Protection November 19, 2018 9:30 pm By Cat Fredenburgh

ASIC has banned the former director of AGM Markets from serving as a director for eight years, a few weeks after revoking the OTC derivative […]

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Surfstitch judge says court can’t drop opt-out notice to class
Class Actions November 16, 2018 11:23 pm By Christine Caulfield

A judge has rejected a bid by the applicants in two shareholder class actions against online fashion retailer Surfstitch to push forward with a proposed […]

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