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GSK narrowly defeats ACCC’s case over revised Osteo Gel packaging
Competition & Consumer Protection 2019-05-17 11:44 pm By Cat Fredenburgh

GlaxoSmithKline has defeated claims by the ACCC that revised packaging for its now-discontinued pain killer Osteo Gel misled consumers. The drug maker will face penalties for earlier violations it admitted to, but the court hinted the damages will be nowhere near the $6 million competitor Reckitt Benckiser faced in a similar case.

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Ultra Tune’s excuse for missing appeal deadline doesn’t wash, ACCC tells court
Competition & Consumer Protection 2019-05-07 9:07 pm By Amelia Birnie

The consumer regulator wants a court to throw out Ultra Tune’s appeal of a $2.6 million penalty after the national car repair franchise filed its challenge more than a month late because its lawyers “miscalculated” the deadline.

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Wilson Security can roster overtime to dodge Sunday penalty rates, appeals court confirms
Employment 2019-04-26 10:32 pm By Christine Caulfield

Security guard union United Voice has lost a challenge to a ruling that found Wilson Security could legally allocate overtime to Sundays over a four-week roster to avoid paying penalty rates.

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Court slashes record $2.5M fine against CFMMEU over two-day strike
Employment 2019-04-05 11:23 pm By Christine Caulfield

An appeals court has reimposed penalties against the Construction, Forestry, Maritime, Mining and Energy Union, its NSW branch and nine officials for unlawful industrial action at Barangaroo, but dropped the total fine from $2.5 million to $1.7 million.

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Airservices managers left worse off under individual contracts, class action trial hears
Employment 2019-04-02 9:31 pm By Miklos Bolza

Lawyers for a class action against the Federal Government-owned Airservices told a court Tuesday that higher salaries on individually negotiated management contracts did not leave managers better off than they would have been under relevant collective enterprise agreements.

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Trial in novel employment class action against Airservices set to begin
Employment 2019-03-29 8:39 pm By Miklos Bolza

Trial in a class action over employment contracts for Airservices’ managers that allegedly left the staff worse off than relevant enterprise agreements kicks off Tuesday, with the parties first battling it out over whether the agreements even cover the employees.

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Ultra Tune to fight $2.6M fine for misleading franchisee, fabricating evidence
Competition & Consumer Protection 2019-03-27 3:00 pm By Christine Caulfield

Ultra Tune is challenging a court ruling that socked it with a $2.6 million penalty in a case brought by the Australian Competition and Consumer Commission alleging it misled a prospective franchisee about the costs of buying an outlet in Parramatta, Sydney and tried to cover up its conduct with “manufactured” evidence.

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JustKapital founder may drag Corrs Chambers Westgarth into $1M dispute
Business of Law 2019-03-14 10:54 pm By Cat Fredenburgh

The founder of JustKapital is considering adding Corrs Chambers Westgarth to a lawsuit he brought seeking nearly $1 million allegedly owed as part of a deal he made to step down as managing director from the litigation funder.

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ABC, Fairfax slam judge’s ‘narrow’ definition of espionage in Chau Chak Wing appeal
Defamation 2019-02-21 3:22 pm By Miklos Bolza

Media organisations ABC and Fairfax have argued that a judge’s definition of espionage was “artificially narrow” when striking out their truth defence to a defamation case brought by Chinese philanthropist Dr Chau Chak Wing.

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Ultra Tune slapped with $2.6M fine for misleading franchisees, deceiving court
Competition & Consumer Protection 2019-01-18 4:25 pm By Christine Caulfield

National car repair franchise Ultra Tune has been ordered to pay a $2.6 million penalty, with a judge finding the firm had not only breached the Franchising Code and the Australian Consumer Law by misleading a prospective franchisee but also misled the court in its defence of the case brought by the consumer watchdog.

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