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ASIC asks High Court to clarify meaning of ‘officer’
Corporate 2019-01-16 9:58 pm By Miklos Bolza

ASIC is seeking approval from the High Court to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, saying the High Court needs to clarify the scope of the word “officer” under the Corporations Act.

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ACCC can seek fines against defunct dealer of fake Aboriginal art
Competition & Consumer Protection 2019-01-16 5:17 pm By Miklos Bolza

The ACCC can continue its case against failed Aboriginal art wholesaler Birubi Art, which went into liquidation after the court found it violated the Australian Consumer Law by selling fake Aboriginal goods.

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Spotless judgment clarifies redundancy payment exception
Employment 2019-01-16 5:14 pm By Miklos Bolza

Spotless Services violated the Fair Work Act by failing to pay redundancy for workers employed at Perth International Airport, a court has found, in a ruling that clarifies when employers are on the hook for redundancy payments.

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NAB says customers could decide if credit card insurance was ‘worthless’
Financial Services 2019-01-16 12:01 pm By Miklos Bolza

National Australia Bank has rejected a class action’s claims that it pushed worthless credit card insurance onto its customers, saying it was up to the customers to determine the true value of the coverage.

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VW knew about defeat software but ACCC doesn’t need to prove it, court told
Competition & Consumer Protection 2019-01-15 9:25 pm By Miklos Bolza

The ACCC does not need to prove Volkswagen knew about the diesel emissions software at the heart of its action against the car giant — that’s just a factor that will magnify penalties in the case, the regulator has told a court.

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Atomic coffee machine distributor roasted in appeal of trade mark decision
Intellectual Property 2019-01-15 8:30 pm By Christine Caulfield

The Australian distributor of Atomic coffee machines has lost a Federal Court appeal of an IP Australia decision allowing the registration of the Atomic trade mark by a South Perth cafe, with a judge slamming her evidence on the stand as untruthful.

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Apple settles ‘HealthKit’ trade mark dispute with Aussie startup
Intellectual Property 2019-01-15 11:47 am By Miklos Bolza

Tech giant Apple can move forward with its plans to register the “HealthKit” trade mark for its popular health and fitness tracking app after resolving a dispute with an Australian startup over the mark.

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Judge orders Rinehart family feud into arbitration
Energy & Natural Resources 2019-01-14 8:40 pm By Miklos Bolza

The Supreme Court of Western Australia has stayed counterclaims by Bianca Rinehart and John Hancock and sent a long-running Rinehart family dispute over control of valuable mining assets such as the Hope Downs iron ore mine into arbitration.

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Cargill ordered to give Glencore info on unauthorised barley use
Corporate 2019-01-14 5:08 pm By Cat Fredenburgh

Agricultural giant Cargill has been ordered to hand over documents to Glencore regarding its use of an unauthorised type of barley before and after its $420 million acquisition of malt producer Joe White.

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Railtrain recklessly misled vocational trainees, union tells court
Employment 2019-01-14 4:34 pm By Miklos Bolza

Vocational training firm Railtrain knowingly and recklessly misled trainees about their rights to be paid as employees, according to an amended court filing by the Rail, Tram, and Bus Industry Union.

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