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Freight cos. slam ACCC’s collusion case over rail deal at start of trial
Competition & Consumer Protection 2018-11-19 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.

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Accountant lied to conceal Centaur Ponzi scheme, court hears
Restructuring & Insolvency 2018-11-19 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 million and led to the collapse of the litigation funder, a court has heard.

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ASIC bans AGM Markets director for 8 years
Competition & Consumer Protection 2018-11-19 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 issuer’s financial services licence.

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GetSwift ruling to offer roadmap for competing class actions
Appeals 2018-11-19 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.

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‘Sorry’ could have shaved $1M off Alan Jones defamation payout
Defamation 2018-11-16 11:26 pm By Cat Fredenburgh

Broadcaster Alan Jones declined an offer to settle a lawsuit alleging he defamed a prominent Queensland family by blaming them for the deaths of 12 people in the 2011 Grantham floods because he would not agreed to the terms of a proposed apology.

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Surfstitch judge says court can’t drop opt-out notice to class
Class Actions 2018-11-16 11:23 pm By Cat Fredenburgh

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 settlement of the cases without an opt-out notice to group members.

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Motorola to bring copyright claims against Hytera
Intellectual Property 2018-11-16 9:56 pm By Miklos Bolza

Motorola Solutions wants to amend its pleadings in an ongoing patent case against Shenzen-based Hytera Communications to add copyright claims relating to the source code for the radio devices at the centre of the dispute.

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McMillan Shakespeare unit denies car warranties ‘illusory’
Class Actions 2018-11-15 10:55 pm By Cat Fredenburgh

Defending a class action alleging its vehicle warranties were worthless, a unit of car leasing company McMillan Shakespeare said it has paid out claims to more 3,600 drivers, and was obligated to consider each claim “on its merits”.

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Starcom liquidator’s case against directors to move forward
Restructuring & Insolvency 2018-11-15 3:31 pm By Cat Fredenburgh

The former directors of Starcom have lost their bid to stay proceedings brought by the company’s liquidator alleging they knew the IT solutions provider was insolvent almost two years before it was wound up.

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ACCC wins record $18M fine against property spruiker We Buy Houses
Competition & Consumer Protection 2018-11-15 2:52 pm By Cat Fredenburgh

A court on Thursday hit property spruiker We Buy Houses and its sole director, Richard ‘Rick’ Otton, with a record $18 million in total fines for misleading property investors with claims they could learn to buy real estate for $1.

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