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Disaster payments can’t limit damages in Queensland floods class action, judge says
Class Actions 2020-12-08 5:42 pm By Spencer Fowler Steen

A judge has ruled that disaster payments cannot be taken into consideration in assessing damages in a long-running class action over the 2011 Queensland floods that destroyed 2,000 homes and claimed 12 lives.

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Funder backs lawsuit against Coca-Cola over drink bottle patent
Intellectual Property 2020-12-08 4:58 pm By Cat Fredenburgh

Litigation funder Omni Bridgeway has thrown its weight behind a David-versus-Goliath legal challenge by an inventor who accuses Coca-Cola of infringing a patent for a drink container and lid used in popular brands such as Mount Franklin water and Powerade sports drink.

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Ex-Norton Rose Fulbright partner says $160,000 damages ‘manifestly inadequate’
Appeals 2020-12-08 4:50 pm By Christine Caulfield

A sacked Norton Rose Fulbright partner is challenging a $160,000 award handed down by a judge who found the law firm intentionally deceived him in litigation over his dismissal, arguing the sum is “manifestly inadequate”.

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Banks plead not guilty as ANZ cartel case heads to trial in Federal Court
Competition & Consumer Protection 2020-12-08 3:50 pm By Miklos Bolza

Three banks have been committed to stand trial after pleading not guilty to criminal charges stemming from an alleged cartel agreement reached in a $2.5 billion ANZ share placement, with the closely watched case now moving to the Federal Court two-and-a-half years after it was filed.

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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
Competition & Consumer Protection 2020-12-08 1:34 pm By Christine Caulfield

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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Apple to seek stay of Epic Games competition lawsuit
Competition & Consumer Protection 2020-12-08 11:16 am By Cat Fredenburgh

Apple wants to stay a competition lawsuit brought by video game developer Epic Games in Australia, claiming a clause in its developer contract requires any dispute between them to be heard in a California court.

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Damages to misclassified casuals will be offset by loading under new workplace bill
Employment 2020-12-07 10:10 pm By Christine Caulfield

Casual workers will have the option of permanent employment after 12 months under the Morrison government’s industrial relations omnibus bill to be unveiled this week, but the legislation will also scale back what damages casuals can pocket in legal action over misclassification.

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Elaine Stead is ‘cretinously stupid’, AFR columnist tells court
Defamation 2020-12-07 10:08 pm By Miklos Bolza

The columnist behind two allegedly defamatory Australian Financial Review articles has told the court that he believed former Blue Sky managing director Dr Elaine Stead was “cretinously stupid” because of her “astonishingly ridiculous” behavior on social media at the time of the company’s collapse.

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ASIC accuses iSignthis of breaching disclosure obligations
Financial Services 2020-12-07 9:39 pm By Spencer Fowler Steen

ASIC has launched civil proceedings against iSignthis and its CEO, alleging the company breached its continuous disclosure obligations by failing to inform shareholders that client Visa had ended their relationship due to concerns over the fintech’s money laundering compliance.

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ASIC wins winding up orders against accused Ponzi schemer Chris Marco
Financial Services 2020-12-07 9:26 pm By Christine Caulfield

A judge has ordered the winding up of a managed investment scheme operated by Perth businessman Chris Marco and his company AMS Holdings after investors allegedly lost more than $200 million.

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