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Peloton’s US$420M acquisition of Precor violated ‘spinning’ licence, court told
Intellectual Property 2021-05-19 1:28 pm By Cat Fredenburgh

California-based fitness company Mad Dogg has accused Peloton Interactive of inducing breach of a non-compete through its $US420 million acquisition of commercial gym equipment manufacturer Precor, and has asked a court to block the company from using its ‘spinning’ trade marks in relation to its interactive exercise bikes.

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Class action barristers elevated to Victoria Supreme Court
Courts 2021-05-18 11:08 pm By Cat Fredenburgh

The lead counsel in class actions against AMP and Vocation and a silk who worked on the landmark Black Saturday bushfire class actions are the latest judicial appointees to the Victoria Supreme Court, boosting the class action chops of the court’s bench.

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Kia faces class action investigation into recalled cars
Class Actions 2021-05-18 8:53 pm By Cat Fredenburgh

Kia Motors is facing an investigation into a possible class action on behalf of car owners whose vehicles were recalled due to the risk that they could catch fire when parked.

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FWC rules Deliveroo driver was employee, not independent contractor
Employment 2021-05-18 2:30 pm By Cat Fredenburgh

In a victory for gig economy workers, the Fair Work Commission has found that a Deliveroo driver who was sacked for not working fast enough was an employee, saying the company’s power to exert control over its workers with data collected through its app weighed in favour of a finding of that employer-employee relationship existed.

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Rex hit with $66,000 penalty for failing to disclose domestic launch plans
ASIC 2021-05-18 12:28 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has fined Regional Express Holdings $66,000 after finding there were reasonable grounds to believe the airline violated it continuous disclosure obligations by telling a journalist, but not shareholders, about its potential plans to launch domestic operations.

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Ex-CFO sentenced to jail time for market manipulation
White Collar 2021-05-18 8:57 am By Cat Fredenburgh

The former chief financial officer of delisted Traditional Therapy Clinics has been sentenced to one year and ten months in prison after pleading guilty to market manipulation charges relating to transactions intended to create an artificial share price for the traditional therapy clinic company.

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EY resigns as Omni Bridgway auditor over class action conflict
Class Actions 2021-05-17 7:15 pm By Cat Fredenburgh

Ernst & Young has resigned from its role as Omni Bridgeway’s long-time auditor after determining a class action against it that’s being backed by the litigation funder could threaten its independence.

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Worrells partner wins costs from ASIC for incoherent pleading
Restructuring & Insolvency 2021-05-14 3:22 pm By Cat Fredenburgh

A Worrells liquidator facing ASIC proceedings seeking to have his registration cancelled has won costs from the regulator after a judge found he was entitled to a “coherent pleading” and ordered the regulator to file a statement of claim.

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ASIC bans former Theta director over defective product disclosures
Financial Services 2021-05-14 2:25 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has banned the former managing director of collapsed financial services provider Theta Asset Management from providing financial services for four years, after a court hit the company with a $2 million penalty for issuing defective product disclosure statements for a property investment scheme targeting retirees.

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Banks can access JP Morgan’s ‘first accounts’ in ANZ cartel case
Competition & Consumer Protection 2021-05-14 11:56 am By Cat Fredenburgh

Several banks and executives facing criminal cartel charges over a $2.5 billion ANZ share placement have won access to interview notes taken by whistleblower JP Morgan prior to it being granted immunity, which the banks say will prove inconsistencies in the prosecution’s case.

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