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ACCC says court must shut down Garuda appeal for ‘deliberate and willful’ $19M fine dodge
Competition & Consumer Protection 2020-03-02 10:07 pm By Miklos Bolza

The ACCC has asked for an interim stay of an appeal by Indonesian airline Garuda, which has yet to pay a $19 million penalty for airline price fixing, telling the court it wanted to give the company another chance to explain its “entirely exceptional” non-compliance.

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Sunwater to join challenge to Queensland floods class action victory
Appeals 2020-02-28 6:13 pm By Cat Fredenburgh

Dam operator Sunwater will join an appeal of a victory in a class action filed on behalf of victims of the 2011 Queensland floods, despite pleas from the firm running the case and the State of Queensland that insurers for the dam operators let the ruling stand.

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Ex-director can’t grill Corrs partner in $1M share dispute
Employment 2020-02-21 12:14 pm By Miklos Bolza

A former managing director of Australian civil infrastructure contractor WBHO Infrastructure and his firm have lost their bid to cross-examine the company’s instructing solicitor at Corrs Chambers Westgarth as part of a $1 million share dispute that followed his termination.

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Judge should be commended for ‘judicial economy’, Pacific National tells court in ACCC appeal
Competition & Consumer Protection 2020-02-18 2:37 pm By Christine Caulfield

Pacific National has defended a decision by a judge to accept an undertaking and rule against the ACCC in its competition case over the rail operator’s acquisition of a major freight terminal in Queensland, saying the ruling was structured with “commendable judicial economy”.

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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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ACCC slammed for ‘opaque’ demands in misuse of market power case against TasPorts
Competition & Consumer Protection 2020-02-07 5:49 pm By Christine Caulfield

A lawyer for Tasmanian state government owned ports company TasPorts has criticised the ACCC’s first-of-its kind case that alleges it is misusing its market power to stymie competition, saying it isn’t clear what the regulator wants the court to do.

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Sydney light rail case ‘wholly unsuitable’ as a class action, Transport for NSW tells court
Class Actions 2020-02-06 1:44 pm By Miklos Bolza

The NSW government has flagged a possible challenge to a class action over Sydney’s $3 billion delayed light rail project as the four-week trial scheduled for June is pushed back another year to allow time for more discovery.

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High Court won’t hear landowners case over payout for WestConnex project
Real Estate 2020-02-05 10:25 pm By Christine Caulfield

Three Sydney commercial landlords whose properties were compulsorily acquired to make way for the WestConnex project have come to the end of the road in their fight for $56.5 million in compensation, with the High Court refusing to hear their case.

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Court temporarily bars DP World strike over automation
Employment 2020-02-03 12:25 pm By Miklos Bolza

A division of the CFMEU has criticised a court ruling barring members from industrial action against stevedoring giant DP World Australia Group, calling it an “alarming attack on democratic rights”.

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CFMEU hit with lawsuit for taking action over DP World automation
Employment 2020-01-29 3:03 pm By Miklos Bolza

The CFMEU is facing a lawsuit by four units of DP World Australia Group after refusing to accept the terms of four proposed enterprise agreements unless the stevedoring giant guaranteed it would not automate its terminals.

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