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Facebook claims it can’t be sued by Aussie privacy watchdog
Privacy & Cybersecurity 2020-06-26 4:25 pm By Miklos Bolza

US-based Facebook has argued that it does not carry on business in Australia despite users in Australia accessing its website, calling for the dismissal of action brought by the Australian Information Commissioner over alleged privacy breaches.

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ACCC takes Pacific National, Aurizon terminal deal challenge to High Court
Competition & Consumer Protection 2020-06-26 10:15 am By Christine Caulfield

The competition regulator wants the High Court to hear its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, saying the deal would entrench the rail freight carrier’s near monopoly on the east coast of Australia.

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Government faces hefty bill after loss in landmark live export class action
Class Actions 2020-06-02 9:35 pm By Cat Fredenburgh

A judge has ruled in favour of live exporters in a class action against the Federal Government, finding a total ban on live cattle exports to Indonesia in 2011 was “capricious and unreasonable”.

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ACCC loses appeal over $205M Pacific National, Aurizon terminal deal
Competition & Consumer Protection 2020-05-06 5:41 pm By Miklos Bolza

The ACCC has come up short in its appeal of a ruling that dismissed its challenge to Pacific National $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the Full Federal Court also releasing Pacific National from an undertaking given to the court.

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Canberra developers settle apartment owners’ class action over $6.3M in GST
Class Actions 2020-03-30 1:04 pm By Cat Fredenburgh

The developers behind the Governor Place residential complex in Canberra have reached a settlement in a class action by aparment owners seeking $6.3 million in GST payments on their units.

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7-Eleven class actions mull contempt motion after losing appeal over franchisee communications
Class Actions 2020-03-27 3:25 pm By Miklos Bolza

The lead applicants in two class actions against 7-Eleven are considering bringing a contempt of court motion against the convenience store giant after the Full Federal Court derailed their challenge to prior orders allowing the company to seek litigation releases from franchisees.

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ACCC strikes out again, loses misuse of market power case against Ramsay Health
Competition & Consumer Protection 2020-03-12 5:38 pm By Miklos Bolza

A court has tossed a case by the ACCC against Ramsay Health Care claiming that the global hospital group misused its market power by pressuring a group of doctors who planned to open their own day clinic.

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ASIC pans Wagyu and shiraz ‘thought experiments’ in Westpac home loan appeal
Financial Services 2020-02-25 5:05 pm By Miklos Bolza

ASIC has criticised a Federal Court judge for his ‘thought experiments’ around prospective home loan applicants feasting on Wagyu beef and shiraz, as the regulator challenges the judge’s dismissal of its responsible lending case against Westpac.

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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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