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Volkswagen loses appeal of landmark $125M fine in ‘turning point’ for ACCC
Competition & Consumer Protection 2021-04-09 8:55 pm By Cindy Cameronne

Volkswagen has lost its challenge to a landmark $125 million Dieselgate penalty handed down by a judge who lambasted a $75 million fine proposed by the ACCC as “manifestly inadequate”, in what ACCC chair Rod Sims told Lawyerly was a “turning point” for the regulator to push for higher fines.

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Judge orders penalties of $1.4M in ASIC’s case against Dover Financial
Financial Services 2021-03-05 6:17 pm By Cindy Cameronne

A judge has ordered that defunct Dover Financial Advisors and its former director pay $1.4 million in penalties for creating a misleading client protection policy he described as “an exercise in Orwellian doublespeak.”

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High Court set to deliver judgment in Westpac’s appeal of personal advice ruling
High Court 2021-01-29 3:49 pm By Miklos Bolza

The High Court will hand down its ruling Wednesday in a high-stakes case between ASIC and Westpac that is expected to clarify the line between personal and general financial advice.

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Full Court throws out Aldi’s misleading conduct case against union
Competition & Consumer Protection 2020-12-22 6:43 pm By Spencer Fowler Steen

The Full Federal Court has upheld the dismissal of grocery store Aldi’s lawsuit claiming that the Transport Workers Union engaged in misleading conduct by representing that it was responsible for road deaths and put “unsafe” pressure on truck drivers.

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Melbourne cafe to hand over $646,000 to court in fee spat with law firm
Business of Law 2020-12-10 10:48 pm By Cat Fredenburgh

Bourke Street cafe Barfly’s has agreed to hand over $646,250 to the court in trust in an ongoing spat over its legal bills with a law firm that negotiated a $2.4 million settlement for the cafe in a negligence case.

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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
Competition & Consumer Protection 2020-12-08 1:34 pm By Christine Caulfield

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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Councils win appeal over Telstra smart payphone installation
Telecommunications 2020-11-20 5:25 pm By Spencer Fowler Steen

Telstra has lost an appeal in a case brought by Melbourne, Sydney and Brisbane city councils over a planned upgrade of its payphone network across Australia, with an appeals court pointing to an “apparent paradox” in the telco’s claim it did not need planning permits to install its next generation digital phone booths.

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Five law firms to spar over liability in $15M Dover Financial negligence case
Financial Services 2020-11-18 12:59 pm By Cat Fredenburgh

Two more law firms have been joined to a lawsuit by defunct financial advisor Dover Financial accusing three law firms of providing negligent advice regarding an inaptly titled client protection policy which a judge found was “highly misleading” and “an exercise in Orwellian doublespeak”.

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Craft brewery can’t overturn cancellation of ‘Urban Ale’ trade mark
Intellectual Property 2020-11-04 7:00 pm By Miklos Bolza

A Melbourne-based craft brewery has failed to save its ‘Urban Ale’ trade mark, with the Full Federal Court dismissing its appeal and finding that a judgment ordering the cancellation of the mark was correct.

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Court approves one of the first video opt out notices in a class action
Class Actions 2020-10-30 10:12 pm By Miklos Bolza

The Federal Court has approved what is thought to be only the second ever audio-visual opt out notice in a class action, a move that will make it easier for group members to find out about class actions they may be eligible for.

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