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TasPorts slams ACCC case, says extra fees don’t amount to misuse of market power
Competition & Consumer Protection 2020-03-31 12:52 pm By Miklos Bolza

Tasmanian state-owned ports company TasPorts has admitted to charging additional fees to the owner of a local port, but has denied the ACCC’s allegations that these actions constituted a misuse of market power designed to stymie competition.

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Group members to get policy cancellation info in NAB insurance class action settlement
Class Actions 2020-03-30 9:02 pm By Alison Eveleigh

A judge overseeing a class action against National Australia Bank over ‘junk insurance’ has ordered that potential group members be given information about cancelling the policies, but not before taking the applicants to task for not having the polices automatically cancelled as part of the $49.5 million settlement.

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Court tosses opposition to SARB patent application for parking overstay detector
Intellectual Property 2020-03-30 5:22 pm By Miklos Bolza

A judge has dismissed an opposition by tech company Vehicle Management Systems to a patent application by rival SARB Management Group for an integrated magnetic parking overstay detector.

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7-Eleven class actions mull contempt motion after losing appeal over franchisee communications
Class Actions 2020-03-27 3:25 pm By Miklos Bolza

The lead applicants in two class actions against 7-Eleven are considering bringing a contempt of court motion against the convenience store giant after the Full Federal Court derailed their challenge to prior orders allowing the company to seek litigation releases from franchisees.

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Judge says watching trial on iPad in lockdown scenario would be ‘unsatisfactory’
Intellectual Property 2020-03-25 12:41 pm By Miklos Bolza

The judge overseeing the trial in a trade secrets case brought by Australian auto electronics developer Directed Electronics OE against its rivals is considering how the cross-examination of witnesses will proceed given current restrictions imposed on gatherings due to the coronavirus, including in the event of a possible lockdown.

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Banks defeat mid-trial request by ex-Dick Smith directors for financial reports
Class Actions 2020-03-24 5:05 pm By Miklos Bolza

National Australia Bank and HSBC, which are suing the liquidators of collapsed retailer Dick Smith to recoup over $125 million in loans, have successfully fought off a bid by two former company directors for a series of financial reports.

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Spain appeals $375M ruling in arbitration spat over energy investments
Arbitration 2020-03-24 1:16 pm By Christine Caulfield

The Kingdom of Spain is keeping up its fight against the enforcement of two arbitration awards putting it on the hook for paying two investment companies $375 million.

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‘One hearing and two interlocutory judgments have achieved precisely nothing’: Judge scolds parties in Parklea Market dispute
Real Estate 2020-03-23 6:23 pm By Miklos Bolza

A judge has criticised the parties in a land sale dispute over Sydney’s Parklea Markets for failing to make progress to bring the case to a close, almost three months after a $4.25 million judgment was awarded to a company owned by local retail personality Con Constantine.

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Litigating in the age of coronavirus: The Dick Smith trial goes virtual
Trials 2020-03-20 7:15 pm By Cat Fredenburgh

Six law firms are working on a consolidated trial of multiple class actions over the collapse of retailer Dick Smith, but when the trial opened in the NSW Supreme Court this week, a lone barrister appeared in court before Justice Michael Ball, amid a sea of empty bar tables. Most of the hearing’s participants joined through a virtual courtroom while members of the public were invited to watch the trial unfold on a YouTube live stream. Welcome to litigating in the age of the coronavirus.

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Two law firms force staff to work from home, while others brace for possible coronavirus shutdown
Business of Law 2020-03-16 10:20 am By Cat Fredenburgh

Two law firms have mandated that staff begin working from home to limit the spread of the new coronavirus, while others begin shifting their workforce offsite as firms test their ability to weather what is expected to be a prolonged public health crisis.

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