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ACCC can expand cartel case against BlueScope
Competition & Consumer Protection 2020-05-12 11:20 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has won court approval to bring new claims against BlueScope Steel for allegedly seeking to induce competitor OneSteel to engage in cartel conduct.

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Bupa hit with $6M penalty over broken promises to aged care residents
Competition & Consumer Protection 2020-05-12 4:44 pm By Cat Fredenburgh

Bupa Aged Care has been ordered to pay a $6 million penalty for charging customers of its aged care facilities for services it never provided, including enhancements intended to improve the quality of life for its most vulnerable residents, such as those suffering from dementia and blindness.

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Car makers won’t take class closure fight to High Court
Product Liability 2020-05-07 11:24 pm By Miklos Bolza

Seven car makers defending class actions over defective Takata airbags have confirmed they will not be challenging a landmark decision that set aside a pre-settlement class closure order in the cases.

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ACCC dodges indemnity costs over failed detergent cartel appeal
Competition & Consumer Protection 2020-05-06 6:37 pm By Miklos Bolza

Personal healthcare giant PZ Cussons has lost its bid for indemnity costs against the ACCC, after claiming that the regulator was “doomed to fail” when it appealed a judgment dismissing its case over an alleged laundry detergent cartel.

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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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Courts should be flexible on laws in COVID-19 pandemic, says Virgin Australia judge
Restructuring & Insolvency 2020-04-29 3:08 pm By Christine Caulfield

The COVID-19 pandemic and government social distancing restrictions were reasons to be flexible in applying and adapting the law, the judge overseeing the administration of Virgin Australia has said in exempting administrators from liability for unpaid leases and allowing Thursday’s meeting of the airlines’ creditors to be held by teleconference.

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Virgin administrators not on the hook for aircraft leases, for now
Restructuring & Insolvency 2020-04-24 6:41 pm By Alison Eveleigh

The administrators of Virgin Australia will not have to pay the troubled carrier’s aircraft and other lease payments, after a court granted them a temporary exemption from liability.

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Landmark ruling nixing class closure orders likely to reach High Court
Analysis 2020-04-23 9:10 pm By Christine Caulfield

A ruling Wednesday that struck down class closure orders — a device used by judges in class actions for the past two decades — has split the courts in Australia and is expected to head to the High Court.

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Courts don’t have power to make class closure orders, appeals court says
Class Actions 2020-04-22 6:30 pm By Miklos Bolza

An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.

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Judge ‘pleasantly surprised’ by virtual trials, refuses to delay GetSwift hearing
Trials 2020-04-09 8:07 pm By Alison Eveleigh

A judge has refused to delay a civil penalty hearing brought by ASIC against GetSwift, scheduled to begin in June, after the logistics company argued that the virtual hearing necessitated by the COVID-19 pandemic would be prejudicial and the proceedings should be adjourned.

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