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ACCC must pay costs of NSW as ‘necessary and proper party’ in ports case
Competition & Consumer Protection 2021-09-02 3:03 pm By Miklos Bolza

A judge has ordered the ACCC to pay the State of NSW’s costs in its failed proceeding against NSW Ports, finding that even though the consumer watchdog did not initially sue the state government that it was a “necessary and proper” party to the case.

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Medtronic sold bone graft kits without regulatory ok, court action alleges
Healthcare 2021-09-01 1:10 pm By Bianca Hrovat

Tens of thousands of hospital patients were put at risk when Medtronic unlawfully supplied a bone grafting kit to hospitals that was not registered on the Australian Register of Therapeutic Goods, according to new regulatory proceedings.

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Bluescope slams as ‘delusional’ ACCC evidence of cartel conduct
Competition & Consumer Protection 2021-08-31 6:04 pm By Cindy Cameronne

BlueScope has labelled “delusional” an argument by the competition regulator that alleged correspondence from a distributor about the steel company’s suggested higher prices was evidence of price-fixing.

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Bluescope’s defence in ACCC case would ‘eviscerate’ cartel laws, trial told
Competition & Consumer Protection 2021-08-30 9:55 pm By Cindy Cameronne

Steel maker Bluescope’s claim that it didn’t engage in cartel conduct because it only encouraged distributors to set a price for its products would “eviscerate” cartel laws, the ACCC has told a court.

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Commissioner of Patents challenges landmark ruling on artificial intelligence
Appeals 2021-08-30 1:47 pm By Cat Fredenburgh

The Commissioner of Patents has appealed a landmark judgment that found artificial intelligence can be named an inventor on a patent application.

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NAB cops $18.5M fine for failing to disclose adviser fees
Financial Services 2021-08-26 10:47 am By Cindy Cameronne

National Australia Bank has been hit with a $18.5 million fine after admitting to allegations by ASIC that it failed to adequately disclose its adviser fees for five years.

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Government faces 83 negligence lawsuits by asylum seekers
Associate Justice Verity McWilliam 2021-08-24 11:12 am By Bianca Hrovat

The Commonwealth is currently facing 83 negligence lawsuits in the Federal Court by asylum seekers who claim the government knew they were vulnerable to physical and psychological injuries and other illnesses, which could be exacerbated by detention in prison-like facilities.

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Judge sets course to avoid ‘Brobdingnagian’ trial in PFAS class actions
Class Actions 2021-08-20 5:31 pm By Miklos Bolza

With mediation failing to resolve an expansive class action against the federal government over its use of allegedly toxic firefighting foam, a judge has charted a plan to avoid a “Brobdingnagian” trial and efficiently determine the claims of group members around eight military bases across Australia.

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High Court won’t hear Auctus appeal over $2.3M R&D tax refund mistake
High Court 2021-08-16 10:58 am By Cat Fredenburgh

Auctus Resources will not be able to hang on to a $2.3 million R&D tax offset refund which the Full Court found was paid by mistake, after the High Court turned down its special leave application.

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Judge finds Phoenix Institute treated vulnerable customers with ‘callous indifference’
Competition & Consumer Protection 2021-08-13 4:26 pm By Miklos Bolza

A judge has found collapsed education provider Phoenix Institute acted unconscionably and with “callous indifference” by enticing vulnerable consumers to enrol in unsuitable courses with promises of free laptops.

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