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Metlife brings action against AFCA in first court showdown for complaints body
Financial Services 2019-05-20 9:36 pm By Christine Caulfield

Insurance giant Metlife has launched legal proceedings against the Australian Financial Complaints Authority to challenge a finding in favour of an injured former NSW police officer, in what is the first Federal Court action against the new external dispute resolution body.

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Microsoft can’t get ‘free hand’ to change case in re-trial of IP spat, judge says
Intellectual Property 2019-05-17 11:11 pm By Christine Caulfield

A judge has rejected an application by Microsoft to add a claim to its intellectual property dispute with a Melbourne computer retailer after the software giant’s $2.8 million win was overturned as “regrettable” and the case sent back for re-trial.

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Over protests, judge sets trial date in ASIC case against Tennis Australia duo
ASIC 2019-05-17 3:13 pm By Christine Caulfield

A judge has scheduled a three-week trial to begin November 4 in a case brought by the corporate regulator against two directors of Tennis Australia over broadcast rights to the Australian Open, despite argument by a lawyer for one director that the timetable was “extremely tight”.

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Facebook, Instagram to fight misuse of market power case by social media startup
Competition & Consumer Protection 2019-05-17 2:27 pm By Christine Caulfield

Facebook and Instagram will defend against claims they misused their market power to block an Australian marketing startup from their platforms, saying the company – which sends scheduled social media posts for clients — had breached their terms of use.

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Pacific National’s undertaking better for rail competition, says judge in tossing ACCC case
Competition & Consumer Protection 2019-05-16 11:50 pm By Christine Caulfield

Potential new entrants to a major freight terminal in Queensland will be “better protected” by a last-minute promise by the terminal’s hopeful owner, Pacific National, than if the ACCC had succeeded in blocking the rail operator’s proposed $205 million acquisition, according to the judge who dismissed the competition watchdog’s case.  

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ASIC’s Shipton clarifies ‘why not litigate’ approach
Financial Services 2019-05-16 4:10 pm By Christine Caulfield

The Australian Securities and Investments Commission chair James Shipton has clarified the regulator’s “why not litigate” approach to enforcement, saying it does not mean “litigate first” or “litigate everything”.

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BHP wins bid for High Court intervention in $82M fight with tax office
Tax 2019-05-15 10:42 pm By Christine Caulfield

The High Court has agreed to take up an appeal by mining giant BHP Group Limited in its battle with the Australian Tax Office over an $82M tax bill.

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Common fund orders on shaky ground as High Court grants special leave to Westpac, BMW
Analysis 2019-05-15 9:58 pm By Christine Caulfield

The writing may be on the wall for common fund orders in class actions that put all unregistered group members on the hook for a litigation funder’s commission, after the High Court agreed Wednesday to take up landmark challenges by Westpac and BMW, experts say.

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High Court to hear challenge to common fund orders in class actions
Appeals 2019-05-15 12:19 pm By Christine Caulfield

The High Court has granted applications by Westpac and BMW to weigh in on the validity of common fund orders made in class actions, a decision that could have major ramifications for the way representative proceedings are funded.

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Irrigators bring $830M class action against Murray-Darling Basin Authority
Class Actions 2019-05-14 10:45 pm By Christine Caulfield

Irrigators in Australia’s South East have launched a class action against the Murray-Darling Basin Authority claiming its mismanagement of the river system caused up to $830 million in losses.

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