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Walton liquidators target restructuring group that helped director avoid $18M in debt obligations
Restructuring & Insolvency 2019-09-12 5:21 pm By Miklos Bolza

The liquidators of failed construction company Walton Construction are seeking to reinstate and then wind up a unit of restructuring advisory firm Mawson Group, which was hired to extricate Walton from $18.8 million in debts with National Australia Bank prior to its collapse.

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3A Composites issues ultimatum in combustible cladding class action
Class Actions 2019-09-12 3:11 pm By Miklos Bolza

German-based 3A Composites has issued an ultimatum in the high-stakes combustible cladding class action against it, saying it will try to shut down the matter as a representative proceeding if group member registration and opt out are not initiated.

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TPG founder’s evidence means ‘anything can happen’, says judge hearing Vodafone merger battle
Competition & Consumer Protection 2019-09-12 2:06 pm By Christine Caulfield

The judge overseeing Vodafoneā€™s court battle with the competition regulator over a proposed merger with TPG questioned TPG founder David Teoh when the billionaire boss told a courtroom Thursday mobile technology was rapidly evolving, a remark seemingly at odds with the telecoā€™s claim that it had no viable option in the next five years for resuming a stalled network rollout.

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Judge slams NRMA’s ‘intrusion’ on industrial jurisdiction with consumer suit
Competition & Consumer Protection 2019-09-12 1:58 pm By Amelia Birnie

A judge has thrown out the NRMAā€™s consumer case against the maritime union over its Sydney fast ferry campaign, ruling that a verdict in favour of the motoring body would have brought the ā€œthe entire field of industrial relations within the operation of consumer legislationā€.

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Judge ‘flummoxed’ about why 200 pelvic mesh cases are not a class action
Product Liability 2019-09-12 1:20 pm By Miklos Bolza

A Federal Court judge has expressed disbelief that hundreds of lawsuits are being pursued over allegedly defectiveĀ  pelvic mesh, saying he was “absolutely flummoxed” as to why the law firm leading them hadn’t considered filing a class action.

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ACCC signs off on Eldersā€™ $187M rural services deal with AIRR
Competition & Consumer Protection 2019-09-12 12:51 pm By Amelia Birnie

The competition regulator has given rural retailer company Elders the greenlight to proceed with its proposed $187 million acquisition of wholesale group Australian Independent Rural Retailers, but has warned it will be paying close attention to any future consolidation in the rural sector.

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Google, Facebook, Twitter slam ACCC’s ‘premature’ recommendations
Competition & Consumer Protection 2019-09-12 12:15 am By Cat Fredenburgh

A group representing Google, Facebook and Twitter has cautioned the government against adopting the ACCC’s recommendations in its final digital platforms report, saying many of the regulator’s proposals were “arguably premature”, lacking in evidence and could stymie innovation.

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TPG’s media-shy boss David Teoh fronts court in battle with ACCC over Vodafone merger
Competition & Consumer Protection 2019-09-11 9:45 pm By Christine Caulfield

The reclusive head of TPG Telecom, David Teoh, faced the spotlight on Wednesday to give evidence in a case over the company’s planned $15 billion merger with Vodafone, telling a court under questioning that his company had not budgeted for a 5G network when it first made plans to enter the retail mobile network market.

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ASIC retains external law firms to expedite banking royal commission cases
Financial Services 2019-09-11 9:02 pm By Miklos Bolza

With over 300 concurrent investigations on foot, the Australian Securities and Investments Commission has leaned heavily into its ‘why not litigate’ approach and is bringing outside help on board, including from law firms.

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Otsuka changes tack in Abilify patent case after landmark Wyeth ruling
Intellectual Property 2019-09-11 8:49 pm By Miklos Bolza

Otsuka Pharmaceuticals and Bristol Myers-Squibb are seeking to withdraw admissions in patent litigation against Generic Health over anti-psychotic drug Abilify, following a landmark ruling last year against Wyeth that clarified the issue of compensation under the usual undertaking for damages in pharmaceutical patent cases.

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