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‘We’re not in the realm of snake oil’: AFT appeals Maxigesic judgment
Competition & Consumer Protection 2019-08-13 9:02 pm By Miklos Bolza

AFT Pharmaceuticals has challenged a Federal Court decision that found its Maxisegic ads were misleading and deceptive, saying the judge “set the bar too high” by requiring it to prove there was an adequate scientific foundation for its painkiller representations.

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Judge won’t join insurer to Reed Construction liquidator’s insolvent trading case
Restructuring & Insolvency 2019-08-12 5:55 pm By Amelia Birnie

A judge has refused to join the insurer of collapsed Sydney builder Reed Constructions to insolvent trading proceedings brought by the company’s liquidators, after finding it was unreasonable to expect the insurance company to irrevocably confirm coverage.

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‘Dangerous proposition’: Judge refuses early liability determination in Dick Smith insurer class action
Class Actions 2019-08-12 1:34 pm By Amelia Birnie

The plaintiffs in an investor class action brought against the insurers of Dick Smith have lost an early bid to determine the viability of their claim, amid concerns that the total value of five separate cases against the failed retailer will exhaust the $300 million limit of two insurance policies.

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Sydney Opal Tower class action will be ‘resolved expeditiously’, judge says
Class Actions 2019-08-09 4:47 pm By Amelia Birnie

A judge has promised the parties in the Sydney Opal Tower class action that the matter will be “resolved expeditiously”, despite the plaintiff’s concerns that cross-claims by the defendant and procedural timeframes will cause delays.

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Viagogo ordered to hand over slew of financial docs ahead of penalty hearing
Competition & Consumer Protection 2019-08-08 3:49 pm By Miklos Bolza

The Australian Competition and Consumer Commission has won its bid for a year’s worth of financial statements from Viagogo, after successfully arguing the online ticket reseller’s financial position was needed to determine an appropriate penalty for its violations of the Australian Consumer Law.

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Judge says ASIC should have brought Murray Goulburn bosses to court ‘a long time ago’
Securities 2019-08-02 11:59 pm By Christine Caulfield

A judge on Friday asked the corporate regulator why it delayed action against former Murray Goulburn managing director Gary Helou and CFO Bradley Hingle until two years’ after the consumer watchdog brought its case against the pair.

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ACCC proposals could hurt more than just Google and Facebook
Competition & Consumer Protection 2019-08-02 9:08 pm By Cat Fredenburgh

While the Australian Competition and Consumer Commission has set out to rein in the market power of Google and Facebook, the sweeping proposals in the regulator’s final digital platforms report would affect a large number of businesses and could have a detrimental effect on smaller companies and innovation, lawyers say.

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Judge rejects ‘arguably excessive’ funder’s commission in KPMG class action
Class Actions 2019-07-31 11:52 am By Miklos Bolza

A judge has rejected a proposed common fund order in the settled KPMG class action, saying the funder’s commission was “arguably excessive” and could result in a “stratospheric” return to the firm.

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Opal Tower unit owners launch multi-million dollar class action
Class Actions 2019-07-30 2:42 pm By Amelia Birnie

A class action has been filed against a NSW state government-controlled entity over Sydney’s scandal-plagued Opal Tower, in a claim that is expected to seek millions of dollars of compensation on behalf of hundreds of apartment owners.

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Grant Thornton steps up as contradictor in KPMG class action settlement
Class Actions 2019-07-25 8:17 pm By Miklos Bolza

Accounting firm Grant Thornton has thrown off prior concerns and agreed to take on the dual role of scheme administrator of a confidential settlement by KPMG in the Discovery Metals shareholder class action and costs contradictor of Piper Alderman’s $3.5 million legal bill.

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