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BlueScope says it ‘went close to the line’, but did not breach cartel laws
Competition & Consumer Protection 2024-08-26 11:27 pm By Sam Matthews

BlueScope Steel is seeking to overturn a record $57.5 million penalty for engaging in attempted price-fixing with flat steel distributors, telling an appeals court that it was simply trying to make its competitors understand “it was in their interests to price differently”. 

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Judges not constrained by unconscionable conduct checklist, High Court finds
Competition & Consumer Protection 2024-08-14 11:56 pm By Cat Fredenburgh

The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it “may consider” in deciding if conduct rises to the level of unconscionability.

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High Court to hear competition cop’s appeal in CFMEU boycott case
Competition & Consumer Protection 2024-08-08 11:51 pm By Christine Caulfield

The High Court has taken up the ACCC’s boycott case against builder J Hutchinson and the controversial construction union, an appeal that gives the court the chance to clarify the standard for proving an anti-competitive arrangement.

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High Court appeal seeks total knockout of common fund orders
Appeals 2024-08-05 11:16 pm By Sam Matthews

The High Court has been asked to overturn a Full Court decision finding lawyers can take a cut from a class action settlement under a solicitors’ common fund order and to finally settle the question of whether the court has the power to issue common fund orders at all.

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Contingency fees for class action lawyers are allowed, says Full Court
Class Actions 2024-07-05 11:05 am By Cindy Cameronne

Lawyers are allowed to take a cut from a class action settlement or judgment under a so-called solicitors’ common fund order, the Full Federal Court has ruled, saying they are a permissive use of the court’s power.

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SkyCity hit with $67M penalty in AUSTRAC case
AUSTRAC 2024-06-07 2:11 pm By Andy Sidler

A judge has ordered SkyCity to pay a $67 million penalty in AUSTRAC’s case alleging it allowed $4 billion in suspicious transactions, finding it was an “appropriate” sum, even when compared with the $450 million fine handed to Crown last July.

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What’s unjust about them? Full Court appears open to contingency fees for class action lawyers
Class Actions 2024-05-28 11:53 pm By Cindy Cameronne

Hearing arguments Tuesday on whether lawyers should be permitted to earn contingency fees in Federal Court class actions, judges on a Full Court bench appeared to lean in favour of allowing so-called solicitors’ common fund orders, rejecting claims they are “unjust”. 

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Qoin crypto issuer made misleading statements, court finds in win for ASIC
Cryptocurrency 2024-05-03 11:15 pm By Cindy Cameronne

A court has found Qoin cryptocurrency issuer BPS Financial made false and misleading claims about its product, in a win for the corporate regulator and a likely boost for a class action against the Gold Coast-based digital currency company.

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IOOF offered $6M to settle class action that ultimately flopped 
Class Actions 2024-04-15 11:02 pm By Andy Sidler

Investment manager IOOF has failed to persuade a judge that the applicant in a failed shareholder class action should face indemnity costs for rejecting a $6 million offer to settle the case.

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Uber says use of spyware to lure GoCatch drivers not like burglary
Trials 2024-04-03 11:05 pm By Sam Matthews

Uber has hit back at claims that it engaged in corporate espionage by using a software program called SurfCam to lure drivers away from rival GoCatch, saying its actions could not be compared to burglary because the material it obtained was not confidential.

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