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Judge overstepped in accepting Pacific National undertaking, ACCC tells appeals court
Competition & Consumer Protection 2020-02-17 4:30 pm By Christine Caulfield

The judge who dismissed the ACCC’s challenge to Pacific National’s acquisition of Aurizon’s Acacia Ridge Terminal in Queensland had no power to accept an undertaking by the rail operator as an answer to the competition regulator’s case, an appeals court has been told.

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Rural Funds wins unprecedented case against activist short seller Bonitas
Securities 2020-02-12 10:55 pm By Cat Fredenburgh

Australian agricultural fund manager Rural Funds Group has won its legal action alleging US short seller Bonitas Research engaged in misleading and deceptive conduct when it described the group’s equity as “ultimately worthless” and sent its share price plummeting.

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VW appeals record $125M penalty over ‘dieselgate’ scandal
Appeals 2020-02-12 9:24 am By Cat Fredenburgh

Volkswagen has appealed a record $125 million penalty handed down over its emissions cheating scandal by a judge who criticised a $75 million settlement agreement with the Australian Competition and Consumer Commission as “manifestly inadequate”.

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Dick Smith class actions headed for March trial after mediation fails
Class Actions 2020-02-10 11:00 am By Cat Fredenburgh

Two shareholder class actions against failed electronics retailer Dick Smith will head to trial in March, after a failed attempt to resolve the long-running dispute in mediation.

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Judge hits AMP with $5.2M penalty, says greedy financial adviser was ‘in the right place’
Financial Services 2020-02-05 11:05 am By Miklos Bolza

The Federal Court has imposed a penalty of almost $5.2 million on AMP Financial Planning after finding it was “reckless” in its ā€œlamentable failureā€ to properly respond to a now banned adviser who was churning life insurance for higher commissions.

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Myer shareholders get second chance to prove loss in class action
Class Actions 2020-02-03 1:15 pm By Christine Caulfield

After failing to persuade the court at trial, shareholders in a class action against Myer have another chance to prove they suffered financial loss after the department store was found to have repeatedly neglected to correct an inflated profit forecast from former CEO Bernie Brookes five years ago.

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Royal commission class actions keep rolling in, one year after Hayne report
Financial Services 2020-01-23 7:13 pm By Cat Fredenburgh

A year after Commissioner Kenneth Hayne released his scathing report, companies in the financial services sector are still facing fresh class actions over conduct aired at the banking royal commission, and the pace has even picked up in recent months.

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Biosimilar drug makers settle IP spat over arthritis drug Humira
Intellectual Property 2020-01-21 2:21 pm By Christine Caulfield

German drug company Fresenius Kadi has resolved a patent case brought by Korean drug company Samsung Bioepis over a biosimilar of top selling arthritis drug Humira.

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Griffin Coal can’t get hands on docs in long-running spat with Carna Group
Energy & Natural Resources 2020-01-17 2:27 pm By Miklos Bolza

Struggling mining firm Griffin Coal has been denied access to documents while defending a consumer law case brought by the liquidators of a collapsed mining services firm.

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Hill & Smith employee who jumped ship to face patent claims
Intellectual Property 2020-01-13 8:42 pm By Christine Caulfield

UK-based company Hill & Smith Holdings has won court approval to expand its patent case against Australia-based Safe Barriers Pty Ltd for allegedly infringing its patented road barrier system to include a former employee who jumped ship to the rival road safety product maker.

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