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Facebook, Instagram waived right to arbitrate startup’s competition case
Competition & Consumer Protection 2020-12-23 6:41 pm By Cat Fredenburgh

Facebook and its subsidiary Instagram have lost a bid to shut down a lawsuit brought by an Australian social media startup, with a judge finding the digital giants relinquished their right to move the dispute to California.

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Training company AIPE on hook for $139M in compensation in ACCC case
Competition & Consumer Protection 2020-12-21 1:44 pm By Christine Caulfield

A judge has found a NSW training company is liable to pay $139 million for over 12,000 students who racked up VET FEE-HELP debts but failed to complete their courses due to an “unconscionable” enrolment system.

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Sportsbet settles trade mark stoush with rival bookmaker
Intellectual Property 2020-12-17 10:21 pm By Cat Fredenburgh

Rival bookmakers Sportsbet and Sportsbetting.com.au have reached a settlement in their trade mark and consumer law dispute, agreeing to drop their claims against each other for unspecified terms.

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Judge OKs IAG class action settlement, rejects funder’s bid to recoup insurance
Class Actions 2020-12-17 3:01 pm By Christine Caulfield

A judge has signalled his intention to sign off on a $138 million settlement in a class action against IAG and approve a common fund order that gives the litigation funder a $34.5 million commission, but an application by the funder for reimbursement of after-the-event insurance has been refused.

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Retail Food Group acted unconscionably in dealings with franchisees, ACCC claims
Competition & Consumer Protection 2020-12-15 3:56 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has taken franchise giant Retail Food Group to court for allegedly misleading purchasers of loss-making franchises about the profitability or viability of its stores.

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‘We have to get this case moving’: Judge orders indictment be filed in ANZ cartel case
Competition & Consumer Protection 2020-12-15 12:43 pm By Cat Fredenburgh

The Federal Court judge who is now overseeing a high stakes criminal cartel case against several investment banks and individuals over a $2.5 billion ANZ share placement has ordered that an indictment be filed by February 1, telling the parties “we have to get this case moving” and that he hoped to move the matter to trial “before we all retire”.

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Banksia funder’s son would have confided in friend had he known of dad’s deception, court told
Class Actions 2020-12-11 10:43 pm By Christine Caulfield

The son of the funder behind a class action at the centre of scandalous misconduct claims says he would have sought advice from a family friend if he had realised his father and counsel leading the case were misleading the court to inflate their profits from a $64 million settlement.

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Designer drops ‘ill-advised’ lawsuit over bikini style trade mark
Intellectual Property 2020-12-10 9:57 pm By Cat Fredenburgh

Women’s fashion designer Pinnacle Runway has cut its losses and dropped its challenge to a ruling that found a rival’s use of the name ‘Delphine’ to describe a bikini style did not constitute trade mark infringement, after a judge hit the company with indemnity costs for pursuing the ‘ill-advised’ lawsuit.

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Judge finds ‘good reason’ for Linchpin examination docs to be used in class action
Class Actions 2020-12-10 1:58 pm By Miklos Bolza

A judge has allowed documents obtained from examination proceedings against directors of Linchpin Capital to be used in a class action against the failed financial services group.

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‘I didn’t put two and two together’: Lawyer says he never caught on to misconduct in Banksia case
Class Actions 2020-12-09 10:54 pm By Christine Caulfield

Solicitor Alex Elliott has said it never clicked with him that members of the legal team running the Banksia class action were misleading an appeals court when his father — the mastermind behind the alleged deception — told him to sign cheques for lawyers that they could not cash.

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