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Abandoned IVF clinic merger no win for ACCC, judge says
Competition & Consumer Protection 2022-03-01 4:54 pm By Christine Caulfield

The ACCC got what it wanted when IVF providers Virtus Health and Healius terminated a proposed $45 million merger, but it wasn’t a win, a judge has said in mostly denying the regulator’s bid to recover the costs of its court challenge to the deal.

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Herbert Smith Freehills nabs financial services pros from Minter Ellison
Business of Law 2022-02-28 5:24 pm By Bianca Hrovat

Law firm Herbert Smith Freehills has strengthened its financial services practice by luring two seasoned partners from Minter Ellison.

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Landmark class closure judgments ‘plainly wrong,’ appeals court told
Class Actions 2022-02-25 10:29 pm By Miklos Bolza

Judgments shooting down a class closure order and nixing notice of a possible class closure order were “plainly wrong” and “infected” by faulty reasoning, the Full Federal Court has heard.

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Qantas decision to outsource staff not linked to strike action threat, court told
Employment 2022-02-24 10:22 pm By Miklos Bolza

A decision by Qantas to outsource its ground staff was not timed to head off industrial action by the Transport Workers’ Union, the Full Federal Court has heard as the airline seeks to overturn a finding that it engaged in adverse action when it terminated around 1,800 employees last year.

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BHP unit’s Christmas Day work requirement reasonable, court says
Employment 2022-02-23 7:31 pm By Sam Matthews

A court has shut down action by the CFMEU  on behalf of coal miners who were rostered to work Christmas Day and Boxing Day at the Daunia Mine in central Queensland in 2019.

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Judge trashes Energy Beverages’ ‘Mother’ trade marks
Intellectual Property 2022-02-22 5:56 pm By Sam Matthews

Energy Beverages, which makes Mother brand energy drinks, has failed to convince a judge that two of its ‘Mother’ trade marks should not be removed for non-use.

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High Court to hear BHP challenge to foreign investors in class action
High Court 2022-02-18 10:59 pm By Cat Fredenburgh

BHP Group has been granted special leave from the High Court to appeal a ruling that rejected its bid to exclude foreign investors from a shareholder class action over the 2015 Fundao dam disaster.

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CBA class action preps for class closure nod from Full Court
Class Actions 2022-02-16 12:52 pm By Cat Fredenburgh

Lawyers leading a class action against the Commonwealth Bank over its alleged money laundering compliance failures are getting their ducks in a row in the event the Full Court rules the court has the power to shut out unregistered group members from a class action.

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Booktopia denies ‘systematically’ refusing refunds after 2 days
Competition & Consumer Protection 2022-02-15 2:10 pm By Christine Caulfield

Online book retailer Booktopia has admitted it scrapped a term requiring two days’ notice of damaged or incorrect books, but rejects claims by the ACCC that the policy resulted in a systematic refusal to refund customers.

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Tireless defence by lawyers felled criminal cartel case against banks
Competition & Consumer Protection 2022-02-11 11:20 am By Cat Fredenburgh

From a lengthy committal hearing challenging the ACCC’s investigatory techniques to repeated attacks on the prosecution’s indictment, an indefatigable team of barristers and lawyers across eight law firms helped bring an end to the four-year long pursuit of criminal cartel charges against three banks and six individuals over a $2.8 billion ANZ share placement.

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