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Port of Newcastle can charge Glencore higher access fees, High Court rules
Competition & Consumer Protection 2021-12-08 6:57 pm By Miklos Bolza

The Port of Newcastle has largely won its High Court fight with mining giant Glencore over access fees and will now be able to set a higher price for use of the port’s facilities.

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Class closure question expected to go up to High Court
Class Actions 2021-12-06 3:56 pm By Christine Caulfield

More than 18 months after a split emerged among the courts, the Full Federal Court will weigh in on whether judges have power to shut out unregistered group members from a class action. But given the breadth of the question for the appeals court, the issue is unlikely to be resolved there.

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Full Court to weigh in on class closure in Boral class action
Class Actions 2021-12-03 3:50 pm By Miklos Bolza

The Full Court is set to examine whether the Federal Court has the power to make class closure orders prior to mediation, weighing on one of the biggest unanswered questions vexing the class action regime.

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Ono Pharmaceutical faces grilling by Full Court in patent extension appeal
Intellectual Property 2021-11-04 9:20 pm By Miklos Bolza

Drug company Ono Pharmaceutical has faced tough questioning by an appeals court in a fight with IP Australia over a decision that secured it a patent extension for its cancer immunotherapy drug Opdivo.

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Fees for no service class action must clarify ‘serious allegations’ against AMP
Class Actions 2021-11-02 4:27 pm By Cindy Cameronne

A judge has ordered a class action against AMP to provide more detail in its case accusing the financial services firm of failing to disclose information to shareholders about allegedly misleading ASIC and charging clients fees for no service.

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BlueScope meeting made distributor ‘extremely uncomfortable’, ACCC tells court
Competition & Consumer Protection 2021-11-01 5:58 pm By Cindy Cameronne

BlueScope general manager Jason Ellis made executives of a steel distributor “extremely uncomfortable” in a meeting where he presented the steel giant’s price list, a court hearing the ACCC’s price-fixing case was told Monday.

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Rate-rigging class action pleadings OK’d, more than two years after case filed
Class Actions 2021-10-28 3:56 pm By Miklos Bolza

A judge has given the green light to amended pleadings in a class action accusing major banks of entering a cartel agreement to rig foreign exchange rates, bringing a two-year fight over the pleadings closer to resolution.

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BlueScope general manager ‘not an honest witness’, ACCC tells court
Trials 2021-10-26 9:03 pm By Cindy Cameronne

BlueScope Steel general manager Jason Ellis was not an honest witness and did not express genuine regret when he apologised for obstructing an ACCC investigation, a court hearing the regulator’s price-fixing case was told Tuesday.

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Objection to barrister’s eye rolling during BlueScope cross-exam shot down
Competition & Consumer Protection 2021-09-27 9:29 pm By Cindy Cameronne

A judge hearing a price-fixing case against steel giant BlueScope has overruled an objection to the ACCCs barrister’s allegedly excessive “eye-rolling” and “scathing and sarcastic” manner during a cross-examination in which the company’s general manager was accused of lying under oath.

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Boral denies loss claims in shareholder class action
Class Actions 2021-09-15 2:53 pm By Miklos Bolza

Boral has denied that shareholders bringing two class actions against it over financial irregularities in its North America windows business suffered any loss, saying that its systems helped spot and prevent the financial manipulation from continuing.

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