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ACCC tried to ‘micro-manage’ Pacific with injunction, judge says
Competition & Consumer Protection 2018-08-15 11:29 pm By Cat Fredenburgh

The judge overseeing the competition lawsuit brought by the ACCC over Aurizon’s proposed sale of its Queensland intermodal business to Pacific National has denied the regulator’s bid for an injunction against Pacific, saying it amounted to micro-managing that could discourage “normal competitive behaviour”.

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Patent suits launched over breakthrough cancer drug
Intellectual Property 2018-08-15 10:25 pm By Miklos Bolza

Two patent infringement lawsuits have been launched over attempts to sell generic versions of breakthrough cancer drug Velcade in Australia, after a US court last year struck down attempts to invalidate a patent for the drug.

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Foxtel should pay more than a gym to stream copyrighted recordings, court told
Intellectual Property 2018-08-15 10:06 pm By Miklos Bolza

A Copyright Tribunal decision that led to substantially lower sound recording licence fees for Foxtel was “beyond the pale” because it compared fees charged to the cable TV giant with those charged to fitness centres, the Full Federal Court heard Wednesday.

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CrownBet goes on the attack, says Sportsbet’s trade marks must be revoked
Intellectual Property 2018-08-15 9:59 pm By Christine Caulfield

In an escalating battle between the online bookmakers, CrownBet has filed a cross claim in a consumer and trademark infringement lawsuit brought by Sportsbet that callsĀ for the cancellation of its rival’s trade marks.

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CFMMEU warned of deregistration risk for ‘aberrant’ conduct
Employment 2018-08-14 11:42 pm By Christine Caulfield

The CFMMEU must force “systemic behavioural change” on its construction division, a majority Full Federal Court said Tuesday in upholding a fine of $306,000 for workplace breaches against the union and raising the spectre of deregistration.

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Brambles hit with second shareholder class action
Class Actions 2018-08-14 10:40 pm By Cat Fredenburgh

Chain logistics company Brambles is facing a second class action alleging it breached its continuous disclosure obligations by failing to revise its overly rosy 2017 financial forecast on several occasions.

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Optus, Telstra reach deal over ‘Unlimited’ ads
Competition & Consumer Protection 2018-08-14 10:05 pm By Cat Fredenburgh

A claim for damages by Optus over Telstra’s ‘Unlimited’ ad campaign, which was found to be misleading and deceptive, appears to have been resolved by the rivals out of court.

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Class action can claim Westpac unit knew about $1.9M Ponzi scheme
Class Actions 2018-08-14 9:23 pm By Cat Fredenburgh

A judge has denied a Westpac unit’s bid to strike allegations that it knew about a $1.9 million Ponzi scheme from a class action alleging the bank aided the Ponzi schemer’s illegal conduct.

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Law firm must pay for ‘ineffective’ radio ads, court says
Contracts 2018-08-14 9:21 pm By Cat Fredenburgh

Employment law firm McDonald Murholme has lost an appeal in a case over $37,000 in unpaid bills for five months of radio advertisements on the Victorian Radio Network the firm said were ineffective.

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AMP slams ‘red herring’ in class action transfer fight
Class Actions 2018-08-14 8:58 pm By Miklos Bolza

Embattled financial giant AMP on Tuesday criticised concerns raised by lawyers for the federal class actions about group members’ opt out rights, saying the concerns were a “red herring” in the fight against an order transferring their cases to the NSW Supreme Court.

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