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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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First common fund order granted in the wake of High Court ruling
Class Actions 2020-05-06 1:51 pm By Alison Eveleigh

A judge has made a common fund order in approving a $3 million settlement in a class action against mortgage lending and investment company RMBL, the first common fund order granted since the High Court shot down these orders in the early stages of class actions.

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Landmark shareholder class action against Myer dismissed
Class Actions 2020-05-06 1:31 pm By Cat Fredenburgh

A closely watched shareholder class action against Myer over an inflated profit forecast from former CEO Bernie Brookes has been dropped, after a court found the retail giant misled shareholders but that they suffered no harm.

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Top silk ‘joked’ with class action lawyer Mark Elliott about misleading fee expert, court told
Class Actions 2020-05-05 5:34 pm By Christine Caulfield

A prominent silk deliberately misled a cost consultant retained to provide an opinion on the barrister’s fees to a court overseeing a class action over the collapse of Banksia Securities, then joked about it with lawyer and litigation funder Mark Elliott, a judge has been told.

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Hytera witnesses may travel to Hong Kong to be cross-examined at Motorola IP trial
Intellectual Property 2020-05-05 3:42 pm By Miklos Bolza

Chinese-based witnesses for Hytera may be able to travel to Hong Kong for cross-examination in a now rescheduled copyright trial between Motorola and Hytera, after Chinese law and the ongoing COVID-19 health crisis forced the court to vacate the hearing, initially due to start this week.

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Hanwha mostly defeats bid for more discovery in solar patent feud
Intellectual Property 2020-05-05 3:23 pm By Christine Caulfield

A court has substantially dismissed an application for further discovery by three companies facing a lawsuit by chemical and energy giant Hanwha Solutions for patent infringement of its solar cell technology.

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ACCC says lower fine ‘appropriate’ in VW appeal of record $125M ā€˜dieselgateā€™ penalty
Competition & Consumer Protection 2020-05-05 12:58 pm By Alison Eveleigh

The Australian Competition and Consumer Commission maintains its $75 million settlement agreement with Volkswagen over the emissions cheating scandal was ā€œappropriateā€, as VW progresses its appeal of the $125 million penalty imposed by a judge who called the ACCC agreement ā€œmanifestly inadequateā€.

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Judge greenlights MPā€™s defamation trial despite COVID-19 restrictions
Defamation 2020-05-04 8:14 pm By Alison Eveleigh

A Victorian Liberal MP seeking damages for allegedly defamatory Facebook statements has been given the green light to proceed with a judge-only trial, after jury trials were suspended in Victoria amid the COVID-19 pandemic.

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Common fund order slapped down in Vocus class action
Class Actions 2020-05-04 5:50 pm By Miklos Bolza

A judge has declined to make a common fund order in approving a $35 million settlement in a shareholder class action against telecommunications firm Vocus Group, resulting in a reduced payout for the funders that backed the case.

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GSK, Novartis agree to $4.5M penalty for misleading Osteo Gel claims
Competition & Consumer Protection 2020-05-04 3:40 pm By Alison Eveleigh

GlaxoSmithKline and Novartis have agreed to a combined penalty of $4.5 million after the Australian Competition and Consumer Commission accused the pharmaceutical giants of making misleading claims in marketing their Voltaren Osteo Gel and Voltaren Emulgel pain relief products.

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