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Pacific National’s undertaking better for rail competition, says judge in tossing ACCC case
Competition & Consumer Protection 2019-05-16 11:50 pm By Christine Caulfield

Potential new entrants to a major freight terminal in Queensland will be “better protected” by a last-minute promise by the terminal’s hopeful owner, Pacific National, than if the ACCC had succeeded in blocking the rail operator’s proposed $205 million acquisition, according to the judge who dismissed the competition watchdog’s case.  

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Common fund orders on shaky ground as High Court grants special leave to Westpac, BMW
Analysis 2019-05-15 9:58 pm By Christine Caulfield

The writing may be on the wall for common fund orders in class actions that put all unregistered group members on the hook for a litigation funder’s commission, after the High Court agreed Wednesday to take up landmark challenges by Westpac and BMW, experts say.

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ACCC loses court challenge to Pacific National, Aurizon terminal deal
Competition & Consumer Protection 2019-05-15 9:09 pm By Amelia Birnie

The Australian Competition and Consumer Commission has suffered a major defeat in its challenge to Pacific National’s proposed $205 million acquisition of competitor Aurizon’s Queensland freight terminal, with a judge saying he was appeased by a last-minute promise from Pacific that it would not block third parties from accessing the terminal.

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High Court to hear challenge to common fund orders in class actions
Appeals 2019-05-15 12:19 pm By Christine Caulfield

The High Court has granted applications by Westpac and BMW to weigh in on the validity of common fund orders made in class actions, a decision that could have major ramifications for the way representative proceedings are funded.

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ACCC to review ANZ Terminals $350M bid for GrainCorp unit
Competition & Consumer Protection 2019-05-14 8:43 pm By Miklos Bolza

The Australian Competition and Consumer Commission has opened a review into the proposed $350 million acquisition of a unit of global agribusiness GrainCorp by storage and handling specialist ANZ Terminals.

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Viva Energy can’t block arbitration in oil tanker dispute, judge says
Arbitration 2019-05-14 3:18 pm By Cat Fredenburgh

A judge has sent a dispute between oil giant Viva Energy and a Panama-based oil transporter over petroleum allegedly contaminated during transport into arbitration.

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Geoffrey Rush slams Nationwide for ‘doubling down’ on defamatory imputations
Defamation 2019-05-10 11:32 am By Miklos Bolza

Actor Geoffery Rush has accused the Daily Telegraph publisher Nationwide News of “doubling down” on its defamatory allegations and attacking the vindication he received in winning his defamation case against the publisher.

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‘Witness X’ in Geoffrey Rush defamation case revealed as actress Yael Stone
Defamation 2019-05-10 11:13 am By Christine Caulfield

Orange Is The New Black star Yael Stone, who has accused Geoffrey Rush in interviews of lewd behaviour toward her, can be revealed as the witness who unsuccessfully sought to give evidence at trial in Rush’s defamation case against Daily Telegraph publisher Nationwide News.

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Pacific National, Aurizon await judgment in high-stakes competition case
Competition & Consumer Protection 2019-05-08 11:19 am By Cat Fredenburgh

Judgment is expected next week in the Australian Competition and Consumer Commission’s case against Pacific National alleging the rail company made an anti-competitive bid for Aurizon’s Acacia Ridge Terminal and intermodal freight business.

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Judge who ruled for Geoffrey Rush was biased, Daily Telegraph says in appeal
Defamation 2019-05-06 10:23 pm By Cat Fredenburgh

Daily Telegraph publisher Nationwide News has appealed a $850,000 judgment against it in a defamation case brought by actor Geoffrey Rush, saying the judge who presided over the case was biased.

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