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In win for class, judge says promises in McMillan Shakespeare unit’s warranties were illusory
Class Actions 2019-06-11 11:13 pm By Cat Fredenburgh

Promises to pay out claims under vehicle warranties issued by a unit of car leasing giant McMillan Shakespeare were illusory because of a clause that gave the company “manifestly sweeping” discretion to reject any claim, a judge has ruled, in a victory for a class action over the allegedly worthless financial products.

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ACCC to seek $4M in refunds for Jump! swim school franchisees
Competition & Consumer Protection 2019-06-11 11:03 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission will seek more than $4 million in refunds plus penalties when it takes the troubled operator of the Jump! Swim School franchise and its top executive to court for alleged violations of the Australian Consumer Law.

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Settlement reached in recycling plant fire class action
Class Actions 2019-06-11 10:42 pm By Cat Fredenburgh

A settlement has been reached in a class action brought on behalf of individuals and businesses that allegedly suffered loss or injury from a 2017 fire at the Coolaroo recycling plant in Victoria.

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ASIC loses market manipulation case against NAB contractor Whitebox
Securities 2019-06-11 4:37 pm By Miklos Bolza

The Australian Securities and Investments Commission has lost its market manipulation action against Whitebox Trading and its director Johannes Boshoff, with the court finding it was “practically impossible” that any of the trades at the centre of the case were made for an illegitimate purpose.

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Copyright Tribunal overstepped with amended Foxtel licence, says Full Court
Intellectual Property 2019-06-11 3:08 pm By Miklos Bolza

The Copyright Tribunal erred by including rights in a reissued Foxtel licence agreement that fell outside the authority of the licence grant holder, the Phonographic Performance Company of Australia, the Full Federal Court has found.

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NSW Ports weighs stay bid in competition case as it battles similar ACCC proceedings
Competition & Consumer Protection 2019-06-11 2:31 pm By Miklos Bolza

A second competition lawsuit brought against NSW Ports could be stayed or consolidated with a case launched by the competition regulator over an agreement to privatise Port Botany and Port Kembla, a court heard Tuesday.

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Cricket great Sachin Tendulkar sues Aussie bat maker for unauthorized use of image
Intellectual Property 2019-06-11 2:17 pm By Christine Caulfield

India’s God of Cricket Sachin Tendulkar is suing Australian bat maker Spartan Sports, accusing the company of failing to pay him $2.87 million under a licensing deal and continuing to use his image after he terminated the agreement.

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East Timor tries again to shut down case over $328M fuel supply contract
Energy & Natural Resources 2019-06-07 9:47 pm By Miklos Bolza

The government of East Timor will appeal a Victorian Supreme Court judgment dismissing its application to throw out a case brought by oil and gas firm Lighthouse Corporation over a failed fuel supply agreement.

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Sydney law firm to countersue ex-clients in dispute over $4.45M Westpac settlement offer
Employment 2019-06-07 9:30 pm By Miklos Bolza

A Sydney-based law firm is planning to file a cross-claim seeking legal costs from five former clients it represented in an employment lawsuit against Westpac, who are accusing the firm of negligence in rejecting a $4.45 million settlement offer.

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Privilege not waived by Allens lawyer’s inadvertent disclosure, court says
Energy & Natural Resources 2019-06-07 9:26 pm By Amelia Birnie

A court has ordered the plaintiffs in a coal mine development contract dispute to destroy unredacted copies of privileged legal advice that were inadvertently disclosed by a solicitor for Allens, which was acting for the other side.

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