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Radio Rentals may have ducked credit obligations with ‘strange’ contracts, court told
Class Actions 2018-08-09 9:35 pm By Miklos Bolza

A barrister for a class action against Radio Rentals has told the Federal Court the company’s “strange” lease contracts may have been worded solely to avoid its obligations under the Uniform Consumer Credit Code.

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S&P settlement approved despite ‘extraordinarily large’ funder fee
Class Actions 2018-08-09 9:34 pm By Miklos Bolza

A judge has given the green light to a settlement of seven class actions against ratings agency S&P Global over toxic financial products, saying despite an “extraordinarily large” litigation funding fee the deal was a “significant vindication” of group member claims.

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Fitch class action can probe rosy ratings of Sigma Finance
Class Actions 2018-08-08 10:50 pm By Miklos Bolza

The lead applicant in an investor class action against Fitch Ratings will get its hands on internal reports detailing why the agency assigned a Triple A rating to Sigma Finance Corporation ahead of its 2008 collapse, and whether it could have predicted the fall of the $27 billion investment fund. 

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Penfolds maker goes to court over ‘wine in a can’ patents
Intellectual Property 2018-08-08 9:04 pm By Miklos Bolza

Treasury Wine Estates has gone on the offensive in an intellectual property dispute with Melbourne-based “wine in a can” maker Barokes, launching court proceedings alleging the company’s patents are invalid and claiming it made “unjustified threats” against the Penfolds maker.

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Potato wholesaler rejects ACCC’s ‘egregious’ contracts case
Competition & Consumer Protection 2018-08-08 8:03 pm By Miklos Bolza

Australia’s largest potato wholesaler Mitolo Group has hit back at allegations by the ACCC that its contracts with growers were unfair, telling a court the terms were open to negotiation and were necessary to protect the company’s intellectual property.

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Full Court questions restraint against class action lawyers
Class Actions 2018-08-07 10:21 pm By Miklos Bolza

The Full Federal Court expressed doubts Tuesday about an “unusual” and “heavy handed” order restraining lawyers leading the stayed class actions against GetSwift from advising their clients about whether to opt out of the prevailing action.

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Westpac dodges ASIC bid for rogue trader chatter
Financial Services 2018-08-07 9:46 pm By Christine Caulfield

The corporate watchdog can’t get its hands on documents detailing Westpac’s disciplinary measures against rogue traders or communications between the employees ahead of a penalty hearing in a case that found the bank attempted to influence the Bank Bill Swap Rate.

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Aristocrat mulls misleading conduct case against Ainsworth
Intellectual Property 2018-08-07 9:27 pm By Miklos Bolza

Gaming giant Aristocrat Technologies is seeking further documents from rival Ainsworth Game Technology to weigh misleading conduct and passing off claims as it mounts a potential copyright and consumer law case.

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Viterra wins Cargill sale docs after mid-trial revelation
Trials 2018-08-07 9:07 pm By Cat Fredenburgh

Cargill has been ordered to turn over what it describes as “highly confidential” documents related to the possible sale of its malt business, a new revelation in the complex trial over claims Viterra fraudulently concealed crucial information when it sold malt producer Joe White Maltings to Cargill Australia in 2013 for $420 million.

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ACCC appeals suppressed ruling in Cascade Coal cartel case
Competition & Consumer Protection 2018-08-07 10:08 am By Cat Fredenburgh

The ACCC is appealing a ruling dismissing its cartel case against Cascade Coal that alleged the company reached an agreement with rival Loyal Coal in the 2009 tender process for mining exploration licences in the Bylong Valley, NSW.

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