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Competition heavyweights to represent Vodafone, TPG in landmark merger challenge
Competition & Consumer Protection 2019-05-24 9:58 pm By Cat Fredenburgh

Elite competition groups Allens  and Herbert Smith Freehills will represent Vodafone and TPG in their lawsuit filed Friday challenging the Australian Competition and Consumer Commission’s opposition to their proposed $15 billion tie-up.

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ACCC loses ‘spoke and hub’ laundry cartel case
Competition & Consumer Protection 2019-05-24 3:58 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has come up short in its appeal of a ruling that found it had produced insufficient evidence of a laundry detergent cartel, in the first so-called hub and spoke case brought by the competition regulator.

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Foxtel appeals ruling over Allens’ missed trade mark deadline
Intellectual Property 2019-05-23 10:51 pm By Cat Fredenburgh

TV giant Foxtel wants another shot at opposing a trade mark by telco China Unicom, after a judge let stand an IP Australia decision refusing to revoke the trade mark when law firm Allens missed a deadline for opposing the mark.

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“I’d be happy to mediate it myself”: Judge cheers talks in Fitch class action
Class Actions 2019-05-23 7:52 pm By Miklos Bolza

Parties in an ongoing four-and-a-half year long investor class action against Fitch Ratings have agreed to a second round of mediation after a prior attempt was adjourned without success.

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CIMIC faces bid for indemnity costs after last-minute subpoenas derailed class action trial
Class Actions 2019-05-21 4:20 pm By Miklos Bolza

The lead applicant in a shareholder class action against global engineering firm CIMIC Group has made a bid for indemnity costs, after a last-minute subpoena of three former executives led to the trial being vacated.

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Qudos Bank wins source code from Infosys as it weighs possible IP case
Intellectual Property 2019-05-20 11:33 pm By Christine Caulfield

Technology consulting group Infosys must hand over more documents — including source code — to Qudos as the mutual bank considers a possible copyright infringement and breach of contract case in the wake of a soured deal to help overhaul its online banking platform.

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Common fund orders on shaky ground as High Court grants special leave to Westpac, BMW
Analysis 2019-05-15 9:58 pm By Christine Caulfield

The writing may be on the wall for common fund orders in class actions that put all unregistered group members on the hook for a litigation funder’s commission, after the High Court agreed Wednesday to take up landmark challenges by Westpac and BMW, experts say.

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High Court to hear challenge to common fund orders in class actions
Appeals 2019-05-15 12:19 pm By Christine Caulfield

The High Court has granted applications by Westpac and BMW to weigh in on the validity of common fund orders made in class actions, a decision that could have major ramifications for the way representative proceedings are funded.

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Ex-Babcock & Brown execs dodge case over botched $1.4B acquisition
Corporate 2019-05-14 10:00 pm By Christine Caulfield

A court has dismissed a long-running case against defunct Babcock & Brown executives by a private investment fund over a botched $1.4B acquisition of the biggest laundry equipment provider in the US, saying the executives did not breach their duties by failing to disclose that the bank underwriting the deal allegedly wanted out.

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Trial in Fitch Ratings class action delayed a second time
Class Actions 2019-05-13 10:43 pm By Cat Fredenburgh

A battle over expert evidence in an invester class action against Fitch Ratings has delayed this month’s scheduled trial in the case by three months and forced the court to send the parties’ experts into conclaves.

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