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Fairfax appeals $280K Chau Chak Wing defamation judgment, says journo didn’t lie
Defamation 2019-08-15 10:27 pm By Miklos Bolza

Fairfax Media has challenged a judge’s “gravely serious” suggestion that one of its journalists lied about a confidential source, during the first day of a two-day appeal hearing over a $280,000 defamation judgment awarded to Chinese-Australian businessman Chau Chak Wing.

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Ultra Tune appeals ‘manifestly excessive’ penalty for breaching Franchising Code
Competition & Consumer Protection 2019-08-12 9:11 pm By Miklos Bolza

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.

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ABC, Fairfax can’t revive truth defence in Chau Chak Wing defamation case
Article 2019-08-02 10:05 pm By Miklos Bolza

The ABC and Fairfax have lost their appeal seeking to revive a truth defense in a defamation case brought by Chinese businessman Dr Chau Chak Wing over a Four Corners program accusing him of espionage and links to the Chinese Communist Party.

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‘Guinea pig’ judge pushes off Country Care cartel trial to next year
Competition & Consumer Protection 2019-07-30 9:34 pm By Miklos Bolza

A six-week trial set to start in October in the cartel case against mobility equipment provider Country Care Group has been vacated and rescheduled to next year, as the judge overseeing the case quipped that he was either the “canary or the guinea pig” in the landmark criminal proceeding.

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Employment class action against Airservices grounded after ‘fatal’ judgment
Employment 2019-07-26 9:55 pm By Miklos Bolza

A class action against the Federal Government’s Airservices has been dismissed after a “fatal” ruling that group members were not covered by enterprise agreements they argued had better terms than their own individually negotiated contracts.

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Country Care slams prosecutors for ‘argumentative’, ‘vague’ criminal cartel case
Competition & Consumer Protection 2019-07-02 9:08 pm By Miklos Bolza

Country Care Group has criticised the DPP for the “argumentative” tone of the notice setting out its criminal cartel case against the mobility equipment provider, and has secured an order for further clarity from prosecutors.

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Judge says sorry for delayed Osteo Gel judgment as penalty hearing set for 2020
Competition & Consumer Protection 2019-06-07 12:34 pm By Miklos Bolza

A Federal Court judge has apologised for “upsetting the applecart” and taking “too long” to publish his judgment in the consumer regulator’s case against GlaxoSmithKline and Novartis over packaging for now discontinued painkiller Osteo Gel.

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Prosecutors take axe to Country Care criminal cartel case
Competition & Consumer Protection 2019-05-21 10:09 pm By Cat Fredenburgh

The Commonwealth Director of Public Prosecutions has pared its criminal cartel case against Country Care Group and two individuals, cutting over 100 charges in an indictment that details two alleged cartel agreements the Australian mobility equipment provider entered into in relation to bids on NSW government tenders.

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GSK narrowly defeats ACCC’s case over revised Osteo Gel packaging
Competition & Consumer Protection 2019-05-17 11:44 pm By Cat Fredenburgh

GlaxoSmithKline has defeated claims by the ACCC that revised packaging for its now-discontinued pain killer Osteo Gel misled consumers. The drug maker will face penalties for earlier violations it admitted to, but the court hinted the damages will be nowhere near the $6 million competitor Reckitt Benckiser faced in a similar case.

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Ultra Tune’s excuse for missing appeal deadline doesn’t wash, ACCC tells court
Competition & Consumer Protection 2019-05-07 9:07 pm By Amelia Birnie

The consumer regulator wants a court to throw out Ultra Tune’s appeal of a $2.6 million penalty after the national car repair franchise filed its challenge more than a month late because its lawyers “miscalculated” the deadline.

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