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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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ACCC was unreasonable to pursue cartel appeal, Cussons says
Competition & Consumer Protection 2020-04-03 9:54 pm By Miklos Bolza

Personal healthcare giant PZ Cussons is seeking indemnity costs from the ACCC, claiming the regulator unreasonably rejected a settlement offer in its case over an alleged laundry detergent cartel.

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ACCC strikes out again, loses misuse of market power case against Ramsay Health
Competition & Consumer Protection 2020-03-12 5:38 pm By Miklos Bolza

A court has tossed a case by the ACCC against Ramsay Health Care claiming that the global hospital group misused its market power by pressuring a group of doctors who planned to open their own day clinic.

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Cussons seeks $4.7M in indemnity costs from ACCC for ‘doomed to fail’ cartel case
Competition & Consumer Protection 2020-03-11 5:40 pm By Miklos Bolza

Personal healthcare giant PZ Cussons is seeking $4.7 million in indemnity costs from the ACCC, claiming the regulator’s much hyped spoke and hub case over an alleged laundry detergent cartel was always “overwhelmingly likely” to fail.

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‘Disappointed’ ACCC won’t challenge ruling on $15B Vodafone, TPG merger
Competition & Consumer Protection 2020-03-05 9:37 am By Cat Fredenburgh

The Australian Competition and Consumer Commission says it has no grounds to challenge a ruling that found the $15 billion merger of Vodafone with telecommunications rival TPG would not substantially lessen competition.

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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 clears $15B Vodafone, TPG deal in latest merger challenge loss for ACCC
Competition & Consumer Protection 2020-02-13 11:21 am By Christine Caulfield

Vodafone has won its case against the ACCC over its proposed merger with rival telecommunications company TPG, with a judge ruling the tie-up would not substantially lessen competition and had a real chance of becoming a “competitive force” against the two dominant players in the market, Telstra and Optus.

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