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Gilbert + Tobin escapes Sydney businessman Charif Kazal’s ‘incoherent’ claims
Corporate 2020-07-20 10:43 pm By Christine Caulfield

Law firm Gilbert + Tobin has won the dismissal of claims brought by businessmen Charif and Tarek Kazal over an alleged dishonest scheme to rob them of a 50 per cent stake in a lucrative Sydney waste facility that a judge said was “fundamentally incoherent”.

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ASIC pushes for $15M fine in NAB ‘Introducer’ case, but judge questions scope of investigation
Financial Services 2020-07-20 9:21 pm By Alison Eveleigh

ASIC has called for a $15 million penalty against National Australia Bank over its scandal-ridden ‘Introducer’ loan referral program, but a judge has questioned the “superficial” investigations in the case and remarked on the corporate regulator’s “pattern” of bringing enforcement action after remediation programs were well underway.

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JPMorgan disputed existence of cartel agreement with ANZ, court hears
Competition & Consumer Protection 2020-07-20 8:31 pm By Miklos Bolza

Despite receiving immunity in a criminal cartel case against ANZ and two other investment banks, JPMorgan has disputed the existence of any cartel agreement since the early days of the ACCC’s investigations, a court has heard.

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Sham contracting class action against Appco close to settling, court told
Class Actions 2020-07-20 2:40 pm By Christine Caulfield

A ‘sham contracting’ class action against fundraiser Appco, said to be worth $90 million, could be settled in two weeks, the lawyer for the lead applicant told a judge on Monday.

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Coffee capsule maker Caffitaly appeals ruling invalidating three patents
Intellectual Property 2020-07-20 1:56 pm By Christine Caulfield

Coffee capsule maker Caffitaly is challenging a ruling that revoked three patents at the centre of an intellectual property war with rival One Collective.

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ASIC loses bid for Ashurst documents on ANZ fee advice ‘for now’
Financial Services 2020-07-17 4:47 pm By Alison Eveleigh

Australia’s corporate watchdog has lost its bid to obtain Ashurst’s advice to Australia and New Zealand Banking Group about potentially illegal bank fees “for now”, but a judge has signalled that this may not be the end of the matter.

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Kogan misled customers with tax promotion, court finds
Competition & Consumer Protection 2020-07-17 12:45 pm By Miklos Bolza

The Australian Competition and Consumer Commission has succeeded in its case against Kogan, with a judge finding statements the online retailer made during a 2018 promotion were misleading and drew consumers into the company’s “marketing web”.

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Gatto denied jury trial in defamation case against ABC
Defamation 2020-07-16 9:11 pm By Alison Eveleigh

Underworld figure Mick Gatto has been denied a trial by jury in his defamation proceedings against the ABC, with the judge-only hearing scheduled to start next week.

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Mining giant beats back challenge to lost profits claim in dispute over $2.5B WA iron ore mine
Appeals 2020-07-16 5:27 pm By Christine Caulfield

A subsidiary of US mining giant Cleveland-Cliffs has fought back a second bid to quash its counterclaim for lost profits in a contractual dispute over the lucrative Koolyanobbing iron ore mine, with the Western Australia Court of Appeal saying the claim was not “clearly untenable” as argued.

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Elaine Stead says in-person mediation ‘waste of time’ in Nine defamation case
Defamation 2020-07-16 12:24 pm By Miklos Bolza

Venture capitalist Elaine Stead has refused to go into a second round of mediation in her defamation case against the Nine-owned Fairfax Media Publications saying it would be a “waste of time”.

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