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VW reaches in-principle dieselgate agreement with ACCC
Competition & Consumer Protection 2019-09-23 2:10 pm By Amelia Birnie

Volkswagen is nearing the end of the road in the dieselgate scandal in Australia, as the car company agrees to an in-principle resoltion of enforcement action by the ACCC while also finalising the details of the settlement of five class actions worth up to $127 million.

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Qld Law Group wants excessive fees class action shut down over applicant’s apparent sale of litigation rights
Class Actions 2019-09-23 1:51 pm By Amelia Birnie

The Queensland law firm at the centre of a class action over legal fees wants the case thrown out as an abuse of process, after it was revealed that the lead plaintiff apparently sold her litigation rights to a litigation funder, whose sole director is married to the solicitor who filed the action.

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Bendigo and Adelaide Bank loses 20-year-old trade mark for ‘Community Bank’
Intellectual Property 2019-09-20 10:21 pm By Cat Fredenburgh

A judge has overturned a win for Bendigo and Adelaide Bank in a trade mark battle with NSW-based Community First Credit Union, finding the credit union had successfully argued to revoke the bank’s 20-year-old trade mark for ‘Community Bank’.

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CIMIC had no chance of winning stay of competing class action, judge says
Class Actions 2019-09-20 8:36 pm By Miklos Bolza

A judge has ordered engineering services firm CIMIC Group to pay the costs of a 2017 attempt to stay a competing class action against it, saying the bid was one the company “could never have successfully prosecuted”.

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APRA defends decision to bring failed IOOF case
Financial Services 2019-09-20 8:03 pm By Amelia Birnie

The prudential regulator is standing by its decision to bring proceedings against IOOF for alleged breaches of superannuation duties, despite criticism that such a “highly litigious regulatory environment” is placing immense pressure on financial services executives.

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2GB boss Adam Lang sues News Corp unit over ‘smiling assassin’ articles
Defamation 2019-09-20 3:46 pm By Miklos Bolza

The CEO of Sydney’s 2GB and Melbourne’s 3AW radio stations, Adam Lang, has sued the publisher of the Sunday Telegraph for defamation over articles he claims portrayed him as an incompetent, sadistic executive who created a toxic work atmosphere.

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‘A very expensive lesson’: Ultra Tune to sue former auditors, lawyers over $2M franchising penalty
Competition & Consumer Protection 2019-09-20 11:58 am By Amelia Birnie

National car repair franchise Ultra Tune is preparing negligence suits against its former lawyers and auditors, after the company on Friday won a $590,000 reduction in a $2.6 million penalty for breaches of the Franchising Code of Conduct.

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Judge slams APRA case against IOOF as ‘fundamentally inadequate’ and ‘tenuous in the extreme’
Financial Services 2019-09-20 10:04 am By Amelia Birnie

APRA’s purely documentary case against troubled fund manager IOOF has been dismissed by the Federal Court as “unpersuasive”, “fundamentally inadequate” and “tenuous in the extreme”, in another major blow to financial services regulators pursuing action in the wake of the banking royal commission.

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National law firm slams ex-partner’s ‘sorry story’ for delays in bringing sex discrimination case
Employment 2019-09-19 10:11 pm By Amelia Birnie

A national Australian law firm has asked the Federal Court to throw out a sex discrimination claim filed against it by a former partner, on the grounds that no excuse had been provided for her delay in making a complaint other than “a fairly sorry story”.

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Order banning DP World workers from ‘go slow’ protests quashed by FWC’s 7.5 hour error
Employment 2019-09-19 3:54 pm By Miklos Bolza

The CFMEU has successfully challenged an interim Fair Work Commission order barring workers at stevedoring firm DP World from ‘go slow’ industrial action after an appeals panel found a commissioner had no power to make the original order because she miscalculated, by 7.5 hours, when she could make it.

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