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Crane maker NQCranes loses bid to strike out ACCC’s cartel case
Competition & Consumer Protection 2021-10-20 12:20 pm By Cindy Cameronne

Queensland crane company NQCranes has lost its bid to strike out the bulk of the ACCC’s amended case alleging it engaged in a conspiracy with a multinational rival to divide the Brisbane and Newcastle markets.

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‘Elephant in the room’: Judge questions conduct of some lawyers for Banksia legal team
Business of Law 2021-10-19 9:54 pm By Christine Caulfield

Last week’s judgment denouncing the scandalous behaviour of the legal team running the Banksia Securities class action cast a spotlight on the conduct of lawyers for some of the defendants, asking whether “untenable” defences were maintained beyond an acceptable point in the case.

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Colonial First State ordered to pay $20M for misleading 13,000 MySuper members
Financial Services 2021-10-19 2:18 pm By Miklos Bolza

The Federal Court has slugged wealth management firm Colonial First State Investments with a $20 million penalty for misleading almost 13,000 superannuation members about their MySuper entitlements through a “concerted campaign” that lasted two years.

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Virtus ‘author of its own fate’ if Adora acquisition fails, judge says
Competition & Consumer Protection 2021-10-19 9:30 pm By Cindy Cameronne

IVF provider Virtus Health would be “the author of its own fate” if its proposed acquisition of rival Adora Fertility flopped, a judge has said in hearing the ACCC’s bid for a temporary injunction blocking completion of the planned purchase.

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US bank boss launches defamation case against 60 Minutes over $100M tax fraud claims
Defamation 2021-10-19 10:08 pm By Bianca Hrovat

The CEO and founder of Euro Pacific Bank, Peter Schiff, has launched a defamation lawsuit against the Nine Network over a 60 Minutes episode that allegedly implied he “facilitated the theft of millions of dollars from the Australian people” by assisting customers to commit offshore tax fraud.

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Christian Porter dodges committee examination of secret donations
Defamation 2021-10-21 1:42 pm By Cindy Cameronne

The federal government has shot down a Labor push for the privileges committee to examine former Attorney-General Christian Porter after he refused to reveal information about an anonymous donor that covered a portion of his costs in defamation proceedings against the ABC.

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Companies can’t block ATO’s grilling of disgraced accountant Vanda Gould
Tax 2021-10-19 2:01 pm By Miklos Bolza

Three companies operated by convicted accountant Vanda Gould have failed again to block further cross examination of Gould by the Commissioner of Taxation in a number of tax appeals in the Federal Court.

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Judge slams notice of ‘very light’ GetSwift class action settlement
Class Actions 2021-10-18 3:58 pm By Miklos Bolza

A judge has criticised a proposed settlement notice in a shareholder class action against GetSwift for failing to inform group members of how much they would receive from the “very light” settlement, which relies heavily on the logistics firm’s success after relocating out of Australia.

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ACCC seeks $90M penalty for Trivago’s ‘startlingly misleading’ hotel deals
Competition & Consumer Protection 2021-10-18 4:38 pm By Bianca Hrovat

The Australian Competition and Consumer Commission is seeking a $90 million penalty against Trivago for the “startlingly misleading” ranking system used on its travel price comparison website.

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Judges should have no say in coal mine approvals, Morrison government says in class action appeal
Climate change 2021-10-18 9:07 pm By Miklos Bolza

Approving coal mine projects is not the business of courts, the Morrison government has argued in its challenge to a landmark class action judgment that found it had a duty of care to protect Australian children from the effects of climate change.

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