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Courts criticised for losing sight of justice in Takata airbag class closure challenge
Class Actions 2020-02-19 8:38 pm By Miklos Bolza

The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.

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No duty of care owed to Centrelink recipients, gov’t says in Robodebt class action defence
Class Actions 2020-02-18 9:02 pm By Miklos Bolza

Defending against a $300 million class action brought by Centrelink recipients over its Robodebt scheme, the Federal Government has told a court it did not owe a duty of care to people receiving benefits.

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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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NAB’s ‘grossly deficient’ systems prompted ASIC’s second fees-for-no-service case, court hears
Financial Services 2020-02-18 2:10 pm By Miklos Bolza

National Australia Bank’s “grossly deficient” systems and failure to swiftly bring its processes into compliance prompted ASIC to launch its second fees-for-no-service case against the bank, the Federal Court has heard.

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Search warrant authorising AFP raid on ABC valid, court rules
Media 2020-02-17 8:52 pm By Miklos Bolza

The Australian Broadcasting Corporation has lost its challenge to an Australian Federal Police search warrant authorising a raid on the broadcaster’s Sydney headquarters last year.

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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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Judge allows docs despite ‘real risk’ of prosecution for ex-Directed Electronics manager
Intellectual Property 2020-02-17 11:44 am By Miklos Bolza

A former manager of Australian electronics automotive developer Directed Electronics OE has failed to block access to certain documents in a corporate theft case, despite the Federal Court finding they gave rise to a “real and appreciable risk” of civil or criminal prosecution against him.

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Clive Palmer wins some, loses some in ongoing feud with CITIC over Sino Iron mine
Energy & Natural Resources 2020-02-14 11:12 pm By Cat Fredenburgh

Clive Palmer and his company Mineralogy have survived a High Court challenge by Hong-Kong based CITIC to a ruling that put it on the hook for at least $224 million in unpaid royalties from producton at the Sino Iro mine, but a related $297 million suit by Palmer against the Chinese conglomerate has flopped.

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ACCC cartel investigator admits ‘oversight’ in comfort letter to JPMorgan
Competition & Consumer Protection 2020-02-14 10:51 pm By Miklos Bolza

An ACCC officer who was heading up a team investigating alleged cartel conduct by ANZ Banking Group and three investment banks has admitted that the regulator may have made an ‘oversight’ in a letter of comfort offered to JPMorgan ahead of the bank’s immunity application in the case.

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Judge allows discovery for possible bushfire class action against Essential Energy
Class Actions 2020-02-14 10:50 pm By Cat Fredenburgh

A law firm has won its case seeking preliminary discovery from Essential Energy to pursue a possible class action against the state-owned electricity infrastructure company over the 2018 Tathra bushfire in NSW.

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