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Facebook, Instagram to fight misuse of market power case by social media startup
Competition & Consumer Protection 2019-05-17 2:27 pm By Christine Caulfield

Facebook and Instagram will defend against claims they misused their market power to block an Australian marketing startup from their platforms, saying the company – which sends scheduled social media posts for clients — had breached their terms of use.

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Pacific National’s undertaking better for rail competition, says judge in tossing ACCC case
Competition & Consumer Protection 2019-05-16 11:50 pm By Christine Caulfield

Potential new entrants to a major freight terminal in Queensland will be “better protected” by a last-minute promise by the terminal’s hopeful owner, Pacific National, than if the ACCC had succeeded in blocking the rail operator’s proposed $205 million acquisition, according to the judge who dismissed the competition watchdog’s case.  

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ACCC issues mea culpa after TPG, Vodafone merger gaffe
Competition & Consumer Protection 2019-05-16 10:44 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has apologised for botching the announcement of its plan to block the $15 billion merger of TPG and Vodafone, blaming a computer glitch for the error.

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‘Fantastic, in the true sense of the word’: judge slams Appco class action funder’s 40% cut
Class Actions 2019-05-16 9:19 pm By Amelia Birnie

A judge has raised serious concerns about the proposed commission by the funder behind a $90 million sham contracting class action against fundraiser Appco, slamming as “intuitively wrong” an arrangment that could leave group members pocketing less than half of any recovery.  

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SARB seeks to park vehicle detector patent case, says dispute settled 5 years ago
Intellectual Property 2019-05-16 8:25 pm By Miklos Bolza

Melbourne-based civic compliance firm SARB Management Group wants to put the brakes on a case brought by tech company Vehicle Monitoring Systems over a patented method for detecting vehicles, in a dispute it says was finalised in a settlement reached almost five years ago.

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Trial date at risk as Iluka Resources class races to lock in new funder
Class Actions 2019-05-16 4:53 pm By Amelia Birnie

The applicants in the Iluka Resources investor class action have just 14 days to sort out their funding troubles and provide a $1.25 million security, as a judge warns he will not be able to hold their trial date any longer.

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MACH Energy attacks former director’s ‘inconsistent’ pleadings in $20M lawsuit
Employment 2019-05-16 4:47 pm By Miklos Bolza

Mining firm MACH Energy may move to strike out “inconsistent” pleadings in a $20 million lawsuit brought by its former managing director, Scott Winter, whose discovery delays have raised the ire of the judge hearing the case.

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ASIC’s Shipton clarifies ‘why not litigate’ approach
Financial Services 2019-05-16 4:10 pm By Christine Caulfield

The Australian Securities and Investments Commission chair James Shipton has clarified the regulator’s “why not litigate” approach to enforcement, saying it does not mean “litigate first” or “litigate everything”.

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BHP wins bid for High Court intervention in $82M fight with tax office
Tax 2019-05-15 10:42 pm By Christine Caulfield

The High Court has agreed to take up an appeal by mining giant BHP Group Limited in its battle with the Australian Tax Office over an $82M tax bill.

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Common fund orders on shaky ground as High Court grants special leave to Westpac, BMW
Analysis 2019-05-15 9:58 pm By Christine Caulfield

The writing may be on the wall for common fund orders in class actions that put all unregistered group members on the hook for a litigation funder’s commission, after the High Court agreed Wednesday to take up landmark challenges by Westpac and BMW, experts say.

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