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Judge sinks discovery hopes in NSW Ports competition case
Competition & Consumer Protection 2020-09-17 6:04 pm By Alison Eveleigh

A maritime development company has had its discovery hopes dashed in its stayed competition lawsuit against NSW Ports, with a judge finding that the company would not suffer any injustice in waiting until the stay is lifted after a similar case brought by the competition regulator is heard.

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IOOF unit can’t stop ASIC from using royal commission evidence
Financial Services 2020-09-07 6:37 pm By Miklos Bolza

An IOOF subsidiary sued over “bad advice” has failed in its bid to stop ASIC from using documents from the banking royal commission as evidence in the case, with a judge saying the company had already provided the material to the financial watchdog without objection.

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Ex-BlueScope exec pleads guilty to obstructing cartel investigation
Competition & Consumer Protection 2020-09-01 2:12 pm By Cat Fredenburgh

A former executive of BlueScope Steel has pleaded guilty to obstructing an Australian Competition and Consumer Commission price fixing investigation, in the first criminal charges ever brought against an individual in relation to an ACCC probe.

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QBE looks to shrink ANZ add on insurance class action 
Class Actions 2020-08-25 10:48 pm By Alison Eveleigh

Insurer QBE wants to downsize a massive class action brought against it and banking giant ANZ over the sale of allegedly worthless add on insurance.

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Court approves $2.9M penalty against HealthEngine for misleading reviews
Competition & Consumer Protection 2020-08-20 1:20 pm By Miklos Bolza

A court has approved a $2.9 million penalty against medical booking platform HealthEngine after the company admitted to deleting and altering unfavourable reviews and misusing consumer data.

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Judge won’t let Toyota ‘inject lawyers’ into class action referee process
Class Actions 2020-08-14 9:50 pm By Christine Caulfield

A judge has rejected a bid by car giant Toyota to provide unsolicited submissions to a court-appointed referee tasked with determining technical questions in the case, saying the application was the first he’d ever seen in 30 years.

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Law firm hit with indemnity costs for opt out error in Toyota class action
Class Actions 2020-08-11 10:32 pm By Miklos Bolza

An error in an opt out notice sent to motorists eligible to sign up for a class action over allegedly defective diesel filters in Toyota vehicles has left a class action law firm on the hook for indemnity costs to cover a new notice to group members.

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HealthEngine urges approval of $2.9M fine, says it didn’t know altering reviews was unlawful
Competition & Consumer Protection 2020-08-10 12:05 pm By Miklos Bolza

Health booking company HealthEngine has urged the court to accept a $2.9 million penalty for deleting and altering unfavourable reviews, telling a judge that it did not know the behaviour was against the law.

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Gilbert + Tobin faces appeal by Sydney businessman Charif Kazal
Appeals 2020-08-03 1:09 pm By Cat Fredenburgh

Sydney businessmen Charif and Tarek Kazal have appealed a ruling that found their claims against Gilbert + Tobin over an alleged dishonest scheme to rob them of a 50 per cent stake in a lucrative Sydney waste facility were “fundamentally incoherent”.

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ASIC scores ‘narrow’ win in case against ex-Tennis Australia director
ASIC 2020-07-31 12:43 pm By Miklos Bolza

A judge has handed ASIC a “narrow” win in its action against former Tennis Australia director Harold Mitchell, tossing most of the regulator’s case and accusing it of “confirmatory bias”.

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