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‘This game is over’: judge ready to toss Iluka class action over ongoing funding dramas
Class Actions 2019-08-15 3:45 pm By Amelia Birnie

The applicants in the Iluka Resources shareholder class action have less than a week to lock-in a $1.25 million security for costs, after the judge overseeing the case asked if he was allowed to dismiss proceedings himself following six months of being “very patient” about ongoing funding dramas.

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Barclays, other banks in forex cartel class action must produce US case docs
Competition & Consumer Protection 2019-08-15 3:36 pm By Christine Caulfield

A judge has ordered a group of banks facing a competition class action over alleged foreign exchange rate-rigging to hand over documents they produced as part of settlement agreements in class actions in the US and Canada.

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High Court dismisses Glencore’s bid to block ATO from eyeing Paradise Papers
Appeals 2019-08-14 10:05 pm By Miklos Bolza

Coal producer Glencore International has lost its High Court appeal to keep the Australian Taxation Office from reviewing documents related to its offshore assets, which were unearthed as part of the global Paradise Papers investigation. 

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ICAP scolded for ‘interlocutory skirmishes’ in employee poaching spat
Employment 2019-08-14 3:57 pm By Miklos Bolza

A judge has criticised two units of global finance firm TP ICAP Group for “unnecessary and over technical interlocutory skirmishes” as they seek damages from two employees who jumped ship to a competitor and allegedly tried to poach staff.

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Dow AgroScience pest control patent lacks inventive step, IP Australia says
Article 2019-08-14 11:20 am By Miklos Bolza

IP Australia has rejected Dow AgriCulture’s bid to patent a smart pest control device, saying the invention lacks an inventive step.

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Google gets contempt of court charge set aside in case over defamatory reviews
Defamation 2019-08-13 9:03 pm By Amelia Birnie

A contempt of court prosecution ordered against Google for failing to immediately remove allegedly defamatory online reviews has been thrown out, with a judge saying the internet giant did not act in reckless or negligent disregard of the court’s removal orders.

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‘We’re not in the realm of snake oil’: AFT appeals Maxigesic judgment
Competition & Consumer Protection 2019-08-13 9:02 pm By Miklos Bolza

AFT Pharmaceuticals has challenged a Federal Court decision that found its Maxisegic ads were misleading and deceptive, saying the judge “set the bar too high” by requiring it to prove there was an adequate scientific foundation for its painkiller representations.

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$100 million class action trailblazer back in the ring with new case on behalf of farmers
Class Actions 2019-08-13 8:15 pm By Amelia Birnie

A trailblazing country lawyer who took out seven overdraft extensions to self-fund a landmark $100 million case in the early years of the federal class action regime has stepped back into the ring to run a new case on behalf of dozens of Australian farmers.

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Westpac defeats ASIC home loan case
Breaking News 2019-08-13 11:43 am By Amelia Birnie

Westpac has defeated a responsible lending case brought by the Australian Securities and Investments Commission in relation to almost 262,000 home loans, with the Federal Court finding the corporate regulator misinterpreted the operation of national lending laws.

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Ultra Tune appeals ‘manifestly excessive’ penalty for breaching Franchising Code
Competition & Consumer Protection 2019-08-12 9:11 pm By Miklos Bolza

National car repair franchise Ultra Tune has argued in a Full Federal Court appeal that a $1.07 million penalty in an ACCC case was “manifestly excessive” because it was based on unintentional breaches of the Franchising Code of Conduct that were caused by tardy accountants and auditors.

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