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ASIC loses appeal in responsible lending case against Westpac
Financial Services 2020-06-26 12:06 pm By Christine Caulfield

The Australian Securities and Investments Commission has failed in a high-profile challenge to a ruling for Westpac in its responsible lending case against the bank, with an appeals court majority saying the regulator read too much into the national credit laws.

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ACCC takes Pacific National, Aurizon terminal deal challenge to High Court
Competition & Consumer Protection 2020-06-26 10:15 am By Christine Caulfield

The competition regulator wants the High Court to hear its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, saying the deal would entrench the rail freight carrier’s near monopoly on the east coast of Australia.

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Corporate insolvency partner scores partial win on appeal in breakup spat
Restructuring & Insolvency 2020-06-25 5:29 pm By Miklos Bolza

A challenge to a judgment which found that one partner of a corporate insolvency firm “ambushed” the other to leave the business has been partially overturned by an appeals court.

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GetSwift drafted correction to misleading ASX announcement, never released it, director says
Trials 2020-06-23 8:55 pm By Miklos Bolza

A former director of GetSwift has given evidence at trial in ASIC’s case against the logistics provider that the company drafted a correction to a misleading ASX announcement about a deal with fruit and milk delivery provider Fruit Box but never released it.

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Trial judge urges common sense in ASIC case against GetSwift
Securities 2020-06-22 4:58 pm By Miklos Bolza

A judge has dismissed a defensive bid by ASIC to amend its case against GetSwift mid-trial, instead calling on “common sense” to be injected into the proceeding as the hearing enters its second week.

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Workpac takes casual worker case to High Court
Appeals 2020-06-17 8:53 pm By Christine Caulfield

Labour hire company WorkPac has asked the High Court to weigh in on a decision that grants entitlements to casual workers with regular shifts, a ruling it says could have a “devastating impact” on companies if allowed to stand.

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Full Court flushes ACCC appeal of wipes ruling
Competition & Consumer Protection 2020-06-15 3:55 pm By Cat Fredenburgh

The Full Federal Court has thrown out the ACCC’s challenge to a ruling dismissing its case alleging Kimberly-Clark made misleading representations about its flushable wipes.

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Court tosses appeal seeking to drag Shine Lawyers into negligence lawsuit
Appeals 2020-06-10 2:32 pm By Miklos Bolza

Shine Lawyers and barrister David Turner have once again dodged a negligence lawsuit over advice given about a $630,000 contractual dispute, with an appeals court upholding an earlier decision dismissing a bid to join the two parties.

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The house wins: Aristocrat beats out IP Australia in fight over slot machine patents
Intellectual Property 2020-06-05 10:03 pm By Miklos Bolza

Gaming giant Aristocrat Technologies has succeeded in its appeal of an IP Australia decision rejecting four of its gaming patents, with a judge finding they were “not a mere scheme” but an actual manner of manufacture.

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‘An immediate conflict of interest’: Appeals court tosses opt out notices in AMP class action
Appeals 2020-06-04 3:57 pm By Miklos Bolza

An appeals court has vacated orders sending opt out and registration notices to shareholders in a class action against AMP after a successful challenge by the lead plaintiff in a competing class action that was stayed after a high-profile litigation beauty parade last year.

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