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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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Judge won’t re-open Love Is In The Air case to hear argument ‘overlooked’ the first time
Intellectual Property 2020-06-25 4:39 pm By Cat Fredenburgh

The judge overseeing a copyright infringement lawsuit against an electronic music duo and Air France over the 1977 disco hit ‘Love Is In The Air’ has denied a request to re-open the case or tweak his reasons for rejecting most claims for damages, saying the plaintiffs’ opportunity to raise an argument they had likely “overlooked” had passed.

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Lead applicant breaks down during cross-examination in Ford class action trial
Class Actions 2020-06-19 4:51 pm By Miklos Bolza

The lead applicant in a class action against Ford over its allegedly defective PowerShift transmission broke down after being accused of lying under oath during a heated virtual cross-examination by the car company’s barrister.

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Barrister’s arguments on constitutional issue in CFMEU case ‘the wrong way around’, judge says
Employment 2020-06-16 10:44 pm By Cat Fredenburgh

A judge has rejected a bid by the CFMEU to pause a trial brought by two sacked union officials while the court gives the country’s attorneys-general a chance to intervene over constitutional arguments raised, saying the union’s barrister was wrong that the issues in the case could not be split up.

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Ford cars fitted with PowerShift are ‘lemons’, court hears as high-stakes trial revs up
Class Actions 2020-06-15 8:27 pm By Alison Eveleigh

Tens of thousands of Ford cars which contain an allegedly defective transmission system are “lemons”, a court heard on day one of a six-week hearing in a long-running class action against the car maker.

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BP loses appeal of Hitler parody video ruling
Employment 2020-05-22 6:43 pm By Alison Eveleigh

The Full Federal Court has dismissed BP’s appeal of a ruling by the Fair Work Commission that reinstated a worker who was fired for sharing a video clip that included subtitles placed over a scene from the movie ‘Downfall’ about Adolf Hitler.

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ACCC can’t stop Garuda appeal despite unpaid $19M penalty
Competition & Consumer Protection 2020-05-21 12:53 pm By Miklos Bolza

The ACCC has lost its bid to stay a cartel appeal by Indonesian airline PT Garuda, with a judge finding the competition watchdog had not shown the airline acted in contempt of court by failing to pay a $19 million fine.

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‘I didn’t come down in the last shower’: Judge trashes barristers’ submissions in CFMEU whistleblower trial
Employment 2020-05-20 11:33 am By Miklos Bolza

A judge has scrapped overly-long written submissions by barristers in proceedings brought by two CFMEU whistleblowers and replaced them with an extra day of oral submissions at the end of the hearing, saying he was not duped by the “old game” of shrinking margins and fonts in submissions.

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ACCC dodges indemnity costs over failed detergent cartel appeal
Competition & Consumer Protection 2020-05-06 6:37 pm By Miklos Bolza

Personal healthcare giant PZ Cussons has lost its bid for indemnity costs against the ACCC, after claiming that the regulator was “doomed to fail” when it appealed a judgment dismissing its case over an alleged laundry detergent cartel.

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ACCC loses appeal over $205M Pacific National, Aurizon terminal deal
Competition & Consumer Protection 2020-05-06 5:41 pm By Miklos Bolza

The ACCC has come up short in its appeal of a ruling that dismissed its challenge to Pacific National $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the Full Federal Court also releasing Pacific National from an undertaking given to the court.

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