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ACCC wins record $26.5M penalty against Empower Institute
Competition & Consumer Protection 2019-09-20 1:34 pm By Cat Fredenburgh

The ACCC has won a record $26.5 million penalty against defunct vocational trainer Empower Institute for “duping” disadvantaged customers into enrolling in courses they couldn’t afford with the promise of free laptops and cash.

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‘A very expensive lesson’: Ultra Tune to sue former auditors, lawyers over $2M franchising penalty
Competition & Consumer Protection 2019-09-20 11:58 am By Amelia Birnie

National car repair franchise Ultra Tune is preparing negligence suits against its former lawyers and auditors, after the company on Friday won a $590,000 reduction in a $2.6 million penalty for breaches of the Franchising Code of Conduct.

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James Cook University appeals $1.2M judgment for sacking climate skeptic
Appeals 2019-09-20 11:09 am By Miklos Bolza

James Cook University has followed through on its promise to appeal a $1.2 million judgment awarded against it for the unfair dismissal of physics professor and climate skeptic Peter Ridd.

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Silverchair frontman sues Sunday Telegraph for defamation over brothel story
Defamation 2019-09-19 10:46 pm By Cat Fredenburgh

Silverchair frontman Daniel Johns has filed defamation proceedings against the Sunday Telegraph over an article that stated a brothel specialising in bondage had become a “second home” for the rocker.

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National law firm slams ex-partner’s ‘sorry story’ for delays in bringing sex discrimination case
Employment 2019-09-19 10:11 pm By Amelia Birnie

A national Australian law firm has asked the Federal Court to throw out a sex discrimination claim filed against it by a former partner, on the grounds that no excuse had been provided for her delay in making a complaint other than “a fairly sorry story”.

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After questioning funder’s cut, judge quietly approves KPMG class action settlement scheme
Class Actions 2019-09-19 9:36 pm By Cat Fredenburgh

A judge has quietly given his seal of approval to a settlement distribution scheme in a class action against KPMG, after raising questions about Piper Alderman’s legal bill and the litigation funder’s “arguably excessive” cut of the confidential settlement.

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Walton liquidator next in line to sue NAB, former director
Restructuring & Insolvency 2019-09-19 8:39 pm By Miklos Bolza

The liquidator appointed to investigate a class action over Walton Construction’s collapse is now looking to file his own case against National Australia Bank, the company’s former director, and the restructuring firm hired before the construction company’s demise.

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Government floats criminal sanctions for wage theft
Employment 2019-09-19 4:09 pm By Miklos Bolza

The Federal Government is mulling criminal penalties for the “most serious types” of wage theft, with violators facing up to ten years in jail.

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Order banning DP World workers from ‘go slow’ protests quashed by FWC’s 7.5 hour error
Employment 2019-09-19 3:54 pm By Miklos Bolza

The CFMEU has successfully challenged an interim Fair Work Commission order barring workers at stevedoring firm DP World from ‘go slow’ industrial action after an appeals panel found a commissioner had no power to make the original order because she miscalculated, by 7.5 hours, when she could make it.

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ACCC issues guidance on competition risks in IP transactions: Beware the inadvertent cartel
Expert Insights 2019-09-19 12:47 pm By Editor

The ACCC has issued final guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act. As of September 13 the IP exemption no longer applies, however, certain worked examples remain undeveloped or unrealistic, such that uncertainties remain as to the ACCC’s likely approach in particular matters, writes Patrick Gay and Amalia Stone of Herbert Smith Freehills.

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