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Port of Newcastle can charge Glencore higher access fees, High Court rules
Competition & Consumer Protection 2021-12-08 6:57 pm By Miklos Bolza

The Port of Newcastle has largely won its High Court fight with mining giant Glencore over access fees and will now be able to set a higher price for use of the port’s facilities.

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‘Ticking time bomb’: Essure class action members all at risk, court told
Class Actions 2021-12-08 2:50 pm By Cindy Cameronne

Group members in a class action over Bayer’s Essure contraceptives had ā€œa ticking time bombā€ in their bodies after being implanted with the devices, and all were at risk of developing injuries, a court has heard.

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‘Whole world of pain’ for solicitors if ex-ANZ trader won privilege spat, judge says
Employment 2021-12-06 3:52 pm By Miklos Bolza

A judge has said if he sides with a former ANZ trader in a privilege dispute with the bank over file notes from 2014 meetings over ASIC’s bank bill swap rate investigations it would create a “whole world of pain” for solicitors claiming privilege over their notes in other cases.

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Lendlease loses bid for separate hearing in Acciona dispute over $160M deal
Competition & Consumer Protection 2021-12-06 3:51 pm By Miklos Bolza

A judge has ruled he will not consider a separate question on whether Acciona is barred from setting off any damages payable to Lendlease in a lawsuit over the $160 million sale of its engineering business.

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a2 Milk wins trade mark ruling after IP Australia left ‘legitimate uncertainty’
Intellectual Property 2021-12-03 5:08 pm By Miklos Bolza

A judge has allowed two a2 Milk trade marks to proceed to registration despite “legitimate uncertainty” created by IP Australia in a long-running intellectual property spat with competitor Lion Dairy & Drinks.

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High Court shuns Apple’s last shot at shipping Epic Games dispute to US
Appeals 2021-12-02 2:26 pm By Cat Fredenburgh

Apple has reached the end of the line in its attempts to move a competition dispute with Fortnite game maker Epic Games to California, with the High Court denying the tech company’s special leave application to appeal a judgment that found there were “strong reasons” for keeping the matter in Australia.

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Apple denies app store monopoly, says blocking Fortnite didn’t harm Epic Games’ business
Competition & Consumer Protection 2021-11-30 11:04 pm By Cat Fredenburgh

Apple has rejected claims that it misused its market power by pulling Epic Games’ popular Fortnite game from its App Store and says the move did not affect the game developer’s business because most of its revenue comes from other platforms.

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Franchisee lawsuit accuses Quest of ‘unfair’ termination tactics
Hospitality 2021-11-15 8:10 pm By Bianca Hrovat

Quest Serviced Apartments is using unfair tactics to unlawfully terminate franchise agreements, according to a lawsuit by a franchisee that is fighting to keep its doors open after COVID-19 restrictions forced closures across the country.

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High Court shoots down Volkswagen’s challenge to landmark $125M dieselgate penalty
Competition & Consumer Protection 2021-11-12 12:31 pm By Miklos Bolza

The High Court has rejected Volkswagen’s special leave application to challenge a record $125 million penalty for selling cars with a defeat device that allowed them to cheat on emissions tests.

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ASIC hits Griffin Coal with criminal charges over financial reports
Energy & Natural Resources 2021-11-12 8:53 pm By Cindy Cameronne

The Australian Securities and Investments Commission has hit beleaguered mining firm Griffin Coal with criminal charges over its alleged failure to lodge annual financial reports for 2019 and 2020.

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