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‘Loose with the truth’ broker to get High Court’s ear
Financial Services 2018-08-20 3:06 pm By Cat Fredenburgh

The High Court has granted special leave to appeal a lifelong ASIC ban to a broker a judge once described as “loose with the truth” and as carrying a “massive bag of dishonest conduct” with him.

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Sanitarium, Rebel can’t sue UK insurer over promotion campaign
Contracts 2018-08-17 11:58 pm By Cat Fredenburgh

A court has dismissed proceedings filed by cereal giant Sanitarium and sports equipment retailer Rebel Sports against a UK-marketing company over a risk transfer agreement that promised to indemnify the companies for a recent joint promotion campaign. 

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Reckitt to seek relief from Nurofen judgment before Full Court
Appeals 2018-08-17 11:45 pm By Cat Fredenburgh

Reckitt Benckiser will try to convince the Full Federal Court on Monday that a judge got it wrong when he found it misled consumers with claims that Nurofen is a more effective pain killer than rival GlaxoSmithKline’s Panadol.

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Coles wins reduction in fine because slip-and-fall victim was on phone
Personal injury 2018-08-17 11:08 pm By Cat Fredenburgh

An appeals court has ruled grocery giant Coles is entitled to a reduction in a $688,000 personal injury judgment against it because the individual that brought the suit was on his phone at the time of the slip-and-fall incident.

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ASIC vows to pursue fees-for-no-service cases in court
Financial Services 2018-08-17 11:05 pm By Cat Fredenburgh

The corporate watchdog is planning to launch legal action soon over the banking industry’s fees for no service, and expects to secure $1 billion in compensation for customers, the Royal Commission heard Friday.

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ACCC hopes laundry cartel case will wash with Full Court
Appeals 2018-08-16 11:44 pm By Cat Fredenburgh

The Full Federal Court will hear arguments next week in an appeal by the ACCC over an alleged laundry detergent cartel, the first so-called hub and spoke case brought by the competition regulator.

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ACCC puts Fairfax, Nine merger review on fast track
Competition & Consumer Protection 2018-08-16 9:09 pm By Cat Fredenburgh

The ACCC will decide by November 8 whether the proposed merger of Nine Entertainment with Fairfax Media raises competition concerns.

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Radio Rentals class denied info to advance claim about ‘strange’ contract structure
Class Actions 2018-08-16 5:41 pm By Cat Fredenburgh

The applicant in a consumer class action against Radio Rentals has lost her bid for interrogatories which an attorney for the class said could lend support to claims that the company’s “strange” lease contracts were structured to avoid its obligations under the Uniform Consumer Credit Code.

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Landowner paid $23M to make way for WestConnex project can appeal
Transportation & Infrastructure 2018-08-15 11:40 pm By Cat Fredenburgh

A ruling that valued land snatched by the New South Wales government to make way for the massive WestConnex highway at $23 million is invalid because of a Commissioner’s involvement in adjudicating the matter, an appeals court has found.

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ACCC tried to ‘micro-manage’ Pacific with injunction, judge says
Competition & Consumer Protection 2018-08-15 11:29 pm By Cat Fredenburgh

The judge overseeing the competition lawsuit brought by the ACCC over Aurizon’s proposed sale of its Queensland intermodal business to Pacific National has denied the regulator’s bid for an injunction against Pacific, saying it amounted to micro-managing that could discourage “normal competitive behaviour”.

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