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Great Southern investor’s fight over enforceability of Bendigo Bank loan revived on appeal
Class Actions 2020-02-19 3:26 pm By Christine Caulfield

Two investors in failed Great Southern Group managed investment schemes have lost their latest appeal over a controversial class action settlement deed that allowed Bendigo and Adelaide Bank to enforce loans issued to fund their investments. But a third borrower, who denied he was a member of the class action, has been given the greenlight to defend the bank’s recovery proceedings.

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Class action lawyer, funder Mark Elliott dies in vehicle accident
Class Actions 2020-02-18 10:53 pm By Christine Caulfield

Melbourne-based class action lawyer and litigation funder Mark Elliott has reportedly died in a vehicle accident on his farm in Flinders, Victoria.

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Liquidator of collapsed start-up Appster wants to grill founders, KPMG partner
Restructuring & Insolvency 2020-02-18 2:54 pm By Christine Caulfield

The liquidator of collapsed app-development firm Appster has filed examination proceedings against the company’s founders and auditor ahead of possible legal action for allegedy trading while insolvent.

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Judge should be commended for ‘judicial economy’, Pacific National tells court in ACCC appeal
Competition & Consumer Protection 2020-02-18 2:37 pm By Christine Caulfield

Pacific National has defended a decision by a judge to accept an undertaking and rule against the ACCC in its competition case over the rail operator’s acquisition of a major freight terminal in Queensland, saying the ruling was structured with “commendable judicial economy”.

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Judge overstepped in accepting Pacific National undertaking, ACCC tells appeals court
Competition & Consumer Protection 2020-02-17 4:30 pm By Christine Caulfield

The judge who dismissed the ACCC’s challenge to Pacific National’s acquisition of Aurizon’s Acacia Ridge Terminal in Queensland had no power to accept an undertaking by the rail operator as an answer to the competition regulator’s case, an appeals court has been told.

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Bunnings’ deal with Adelaide Tools under scrutiny by ACCC
Competition & Consumer Protection 2020-02-14 11:15 am By Christine Caulfield

The ACCC has raised concerns that the proposed tie-up of hardware store giant Bunnings Warehouse and family-owned Adelaide Tools and Oaklands Mower Centre will stifle competition.

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Ex-Bellamy’s director Jan Cameron faces criminal charges over share disclosures
White Collar 2020-02-14 10:26 am By Christine Caulfield

Former Bellamy’s Australia director Jan Cameron has been charged by prosecutors after an ASIC investigation over her alleged failure to disclose her substantial stake in the organic baby food company.

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Judge clears $15B Vodafone, TPG deal in latest merger challenge loss for ACCC
Competition & Consumer Protection 2020-02-13 11:21 am By Christine Caulfield

Vodafone has won its case against the ACCC over its proposed merger with rival telecommunications company TPG, with a judge ruling the tie-up would not substantially lessen competition and had a real chance of becoming a “competitive force” against the two dominant players in the market, Telstra and Optus.

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McDonald’s franchisee says law doesn’t entitle staff to use the toilet whenever they want
Employment 2020-02-12 3:35 pm By Christine Caulfield

A McDonald’s franchisee has hit back at claims it threatened staff with cruel and inhumane working conditions by telling employees they could not go to the toilet during their shift outside a 10-minute paid break, saying the law doesn’t give workers the right to go to the bathroom whenever they want to.

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ACCC flags concerns over $120M merger of mortgage aggregators AFG, Connective
Competition & Consumer Protection 2020-02-12 11:10 am By Christine Caulfield

Australian Finance Group’s proposed acquistion of rival Connective Group has raised red flags for the competition regulator, which says the tie-up would create Australia’s largest mortgage aggregator and could squeeze smaller players out.

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