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Ultra Tune appeals ‘manifestly excessive’ penalty for breaching Franchising Code
National car repair franchise Ultra Tune has argued in a Full Federal Court appeal that a $1.07 million penalty in an ACCC case was "manifestly excessive" because it was based on unintentional breaches of the Franchising Code of Conduct that were caused by tardy accountants and auditors.
Class to fight CIMIC’s ‘opportunistic’ bid to strike out pleadings
A shareholder class action against CIMIC Group will fight a strike out application it has slammed as an "opportunistic" late-stage move by the global engineering firm made only because the trial was previously vacated.
Cartridge reseller must prove it’s ‘good for the money’ as landmark patent case goes to High Court
Ink cartridge reseller Calidad has been ordered to show evidence of its finances in support of its application to stay a Full Court judgment while it waits for the outcome of its special leave application to the High Court in a landmark patent infringement dispute with printer giant Seiko Epson.
Online drug supplier Peptides Clinic hit with $10M fine for advertising breaches
A judge has slapped a $10 million fine on online supplement company Peptide Clinics for advertising prescription-only drugs in breach of the Therapeutic Goods Act.
NSW Ports slams ACCC’s competition constraint claims as ‘slight or hypothetical’
NSW Ports Operations has denied claims that an agreement for the privatisation of its subsidiaries Port Botany and Port Kembla stymied competition, describing the allegations made by the Australian Competition and Consumer Commission as "slight or hypothetical".
IOOF CFO slams disqualification case as ‘egregious’ example of impulsive enforcement
Lawyers for IOOF chief financial officer David Coulter have dismissed APRA’s allegations that he breached his superannuation duties as commercially “naïve”, “absolutely desperate” and a "most egregious example” of impulsive regulatory enforcement action.
‘Stalinist’ APRA deterring ‘good people’ from super industry, ex-IOOF directors say
The former directors of troubled fund manager IOOF have slammed APRA for bringing a “truly hopeless” disqualification case against them, telling a court the prudential regulator’s “Stalinist” approach was deterring “good people and good companies” from participating in the superannuation industry.
Full Court hands Seiko a win in ink cartridge patent dispute
Printer giant Seiko Epson has won its cross-appeal against cartridge reseller Calidad in a Full Federal Court decision that further clarifies the extent to which patentees can prevent those acquiring a patent's title from repurposing or manipulating the original product.
APRA had ‘unhinged hatred’ of IOOF exec, court told
APRA has been accused of harbouring an “unhinged hatred” for former IOOF managing director Chris Kelaher by his counsel, who was objecting to internal APRA documents he claims were disparaging of the wealth management company and its executives.
IOOF liability ‘plain as a pike staff’, APRA says at start of trial
The prudential regulator has opened the first day of its case against IOOF directors and entities by claiming the wealth manager's liability is “plain as a pike staff”, as IOOF contends the regulator’s case is “artificial and theoretical” and “overly simplistic”.