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Acciona may have ‘difficulty’ persuading court in spat over $696M Kwinana project
Energy & Natural Resources 2021-11-30 2:19 pm By Bianca Hrovat

A judge has granted a 21-day stay of a lawsuit brought by Acciona, a Spanish infrastructure company seeking to use COVID-19 as a reason to back out of its construction contract for the $696 million Kwinana waste-to-energy plant, and has warned the company it faces a difficult task to persuade the court of its case.

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ACCC updated policies on witnesses after ‘flawed’ bank cartel probe, court hears
Competition & Consumer Protection 2021-11-30 10:36 pm By Miklos Bolza

A senior ACCC officer was probed Tuesday on whether the competition regulator updated its guidelines for taking witness statements in July in response to criticism of investigators’ methods in the cartel probe over ANZ’s $2.5 billion share placement.

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PwC strikes back in class action over $50M Axsesstoday prospectus
Class Actions 2021-11-30 6:30 pm By Cindy Cameronne

Professional services giant PricewaterhouseCoopers has hit back at a class action over a $50 million prospectus for Axsesstoday, filing a cross-claim against the asset finance lender and saying it “takes no responsibility” for allegedly defective offer documents.

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Mazda’s customer service ‘appalling’ and misleading, but not unconscionable, judge finds
Competition & Consumer Protection 2021-11-30 4:11 pm By Christine Caulfield

Mazda’s treatment of customers with defective vehicles was “appalling” and its statements about their entitlement to a refund were false or misleading, a judge has found in a partial win for the ACCC.

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Apple denies app store monopoly, says blocking Fortnite didn’t harm Epic Games’ business
Competition & Consumer Protection 2021-11-30 11:04 pm By Cat Fredenburgh

Apple has rejected claims that it misused its market power by pulling Epic Games’ popular Fortnite game from its App Store and says the move did not affect the game developer’s business because most of its revenue comes from other platforms.

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Judge orders Employsure to pay $1M after ‘gagging’ at ACCC’s proposed sum
Employment 2021-11-30 5:43 pm By Bianca Hrovat

Specialist workplace relations consultancy Employsure has been ordered to pay a $1 million penalty over a series of misleading Google advertisements, a figure significantly lower than the $5 million sought by the Australian Competition and Consumer Commission.

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Mitsubishi hit with class action over ‘misleading’ fuel economy labels
Class Actions 2021-11-29 3:21 pm By Cat Fredenburgh

Japanese car maker Mitsubishi Motors has been hit with a class action for allegedly making misleading fuel efficiency representations on over 70,000 Triton Utes sold in Australia since 2015.

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Blinking in the sun: Junior counsel – rejoining the real world after lockdown
Courts 2021-11-29 9:53 pm By Editor

In the crucial early years of practice junior barristers have been deprived of vital learning opportunities as a result of COVID-19 lockdowns necessitating the move to online court hearings. The promised return to in-person proceedings is critical for the professional development of counsel just starting out, and equally critical for the Bar as a whole, says noted silk Rachel Doyle.

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Singer Katy Perry accused of trying to ‘snuff out’ Aussie fashion designer
Intellectual Property 2021-11-29 9:52 pm By Bianca Hrovat

US pop star Katy Perry has been accused of using her “financial might” to “snuff out” the small business of an Australian fashion designer, as trial kicked off in a long-running intellectual property dispute over the rights to use the Katy Perry trade mark in Australia.

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Google tells court consumer law doesn’t help users who don’t help themselves
Competition & Consumer Protection 2021-11-29 9:32 pm By Cindy Cameronne

Google has hit back at the ACCC’s case accusing it of misleading users about a change to its privacy policy, saying laws against misleading and deceptive conduct do not apply to those who did not read the notification about the change.

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