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Sanitarium, Rebel lose appeal over $1.4M promotion campaign
Contracts 2019-03-29 8:50 pm By Miklos Bolza

Cereal giant Sanitarium and retailer Rebel Sports have lost their appeal against a decision of the NSW Supreme Court staying proceedings against a UK marketing company in a dispute over a $1.4 million joint promotional campaign.

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Trial in novel employment class action against Airservices set to begin
Employment 2019-03-29 8:39 pm By Miklos Bolza

Trial in a class action over employment contracts for Airservices’ managers that allegedly left the staff worse off than relevant enterprise agreements kicks off Tuesday, with the parties first battling it out over whether the agreements even cover the employees.

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Expert hot tub to feature in Sirtex shareholder class action
Class Actions 2019-03-29 3:57 pm By Cat Fredenburgh

A judge has called for an expert panel in a shareholder class action against life sciences company Sirtex related to sales of its liver cancer treatment that is headed for trial in May. Federal Court Justice Bernard Murphy ordered that the expert conclave between economic expert for the class, Gregory Houston, and Sirtex expert John…

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FWC refuses O’Dwyer’s referral bid over allegedly discriminatory MFB deal
Employment 2019-03-28 10:59 pm By Christine Caulfield

The Fair Work Commission has dismissed an application by Jobs Minister Kelly O’Dwyer for review by the Full Federal Court of a decision approving an enterprise agreement covering Metropolitan Fire Brigade firefighters that she argues indirectly discriminates against female firefighters.

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MWL files derivative suit against Focus Financial
Financial Services 2019-03-28 10:04 pm By Cat Fredenburgh

Majority shareholders in MWL Financial have filed a derivative suit against US-based Focus Financial Partners over a soured acquisition.

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Education Department got bad advice from Clayton Utz, court told
Competition & Consumer Protection 2019-03-28 8:57 pm By Miklos Bolza

Clayton Utz’s advice to the Department of Education that it could supply details to the ACCC about documents seized in an Australian Federal Police raid of Phoenix Institute of Australia’s offices was incorrect, the collapsed educational company told the court as it flagged a possible application to shut down the consumer watchdog’s case.

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Construction giant Hutchinson takes ACCC to court over ‘invalid’ notice to produce
Competition & Consumer Protection 2019-03-28 4:43 pm By Christine Caulfield

Private construction company Hutchinson Builders has brought legal action against the Australian Competition and Consumer Commission, seeking to quash what it says is an invalid notice to produce documents to the regulator, which has vowed to bring cases against the construction industry this year.

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Xenith takeover battle to heat up after regulator signs off on IPH bid
Intellectual Property 2019-03-28 1:26 pm By Cat Fredenburgh

The battle to acquire IP services company Xenith IP Group is set to intensify after the Australian Competition and Consumer Commission blessed a hostile offer by IPH Limited.

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STA Travel accused of misleading customers with hidden fees
Competition & Consumer Protection 2019-03-28 11:47 am By Miklos Bolza

Student and youth travel agency STA Travel is facing a lawsuit by the ACCC for allegedly misleading customers by charging $1 million in hidden fees and commissions through an airfare add-on.

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Fair Work Ombudsman ‘overreacted’ in wage case against Transpetrol, judge says
Employment 2019-03-27 9:30 pm By Christine Caulfield

A judge has told off the Fair Work Ombudsman for seeking penalties of up to $94,000 in a case alleging Norwegian shipping company Transpetrol underpaid seafarers more than $255,000 in wages, saying she “overreacted”.

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