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Court forces ASIC to delay warning against Mayfair 101 despite COVID 19-stoked investment fears
Financial Services 2020-03-26 9:44 pm By Miklos Bolza

A judge has ordered ASIC to wait 48 hours after making any decision to send a warning notice to investment conglomerate Mayfair 101 before publicly issuing the notice, despite the regulator’s call for urgent action amid the COVID-19 pandemic.

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Judge says watching trial on iPad in lockdown scenario would be ‘unsatisfactory’
Intellectual Property 2020-03-25 12:41 pm By Miklos Bolza

The judge overseeing the trial in a trade secrets case brought by Australian auto electronics developer Directed Electronics OE against its rivals is considering how the cross-examination of witnesses will proceed given current restrictions imposed on gatherings due to the coronavirus, including in the event of a possible lockdown.

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Judge approves Bellamy’s $49.7M settlement of shareholder class actions
Class Actions 2020-03-13 11:13 am By Christine Caulfield

A judge has given his blessing to a $49.7 million settlement of two class actions that alleged infant food maker Bellamy’s misled investors about its China growth strategy and declining market share in Australia.

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ASIC wins unconscionable conduct case against OTC derivatives issuer AGM Markets
Financial Services 2020-02-27 10:28 pm By Cat Fredenburgh

ASIC has notched up a win against derivative issuer AGM Markets and two of its authorised representatives, with a court finding they engaged in misleading, deceptive and unconscionable conduct that caused investor losses of over $30 million.

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Court OKs derivative suit against Pacific Current directors over merger
Securities 2020-02-25 11:35 pm By Cat Fredenburgh

A Pacific Current shareholder has won court approval to bring a derivative lawsuit against certain current and former directors of the funds management company for allegedly breaching their duty of care and diligence in relation to the company’s 2014 merger with US-based Northern Lights Capital Group.

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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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Judge allows docs despite ‘real risk’ of prosecution for ex-Directed Electronics manager
Intellectual Property 2020-02-17 11:44 am By Miklos Bolza

A former manager of Australian electronics automotive developer Directed Electronics OE has failed to block access to certain documents in a corporate theft case, despite the Federal Court finding they gave rise to a “real and appreciable risk” of civil or criminal prosecution against him.

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Myer shareholders get second chance to prove loss in class action
Class Actions 2020-02-03 1:15 pm By Christine Caulfield

After failing to persuade the court at trial, shareholders in a class action against Myer have another chance to prove they suffered financial loss after the department store was found to have repeatedly neglected to correct an inflated profit forecast from former CEO Bernie Brookes five years ago.

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Facebook, Instagram to be barred from locking out users of Aussie social media startup
Competition & Consumer Protection 2020-01-29 2:20 pm By Christine Caulfield

A judge is expected to issue a temporary injunction Thursday barring Facebook and Instagram from blocking users who are customers of a Melbourne-based social media startup that has accused the companies of trying to quash competition.

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