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Freight cos. slam ACCC’s collusion case over rail deal at start of trial
Competition & Consumer Protection 2018-11-19 11:51 pm By Christine Caulfield

Pacific National would not misuse its market power after taking control of an important rail terminal in Brisbane because that would be “irrational”, the Federal Court heard Monday at the start of a two-week trial in the competition watchdog’s case alleging the rail giant colluded with competitor Aurizon to become the dominant operator of key freight corridors.

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Accountant lied to conceal Centaur Ponzi scheme, court hears
Restructuring & Insolvency 2018-11-19 10:02 pm By Miklos Bolza

The accountant and best friend of fraudster Scott Williams “prevaricated and lied” to hide his knowledge of the Centaur Litigation Ponzi scheme that misappropriated $32 million and led to the collapse of the litigation funder, a court has heard.

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ASIC bans AGM Markets director for 8 years
Competition & Consumer Protection 2018-11-19 9:30 pm By Cat Fredenburgh

ASIC has banned the former director of AGM Markets from serving as a director for eight years, a few weeks after revoking the OTC derivative issuer’s financial services licence.

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GetSwift ruling to offer roadmap for competing class actions
Appeals 2018-11-19 9:18 pm By Christine Caulfield

A groundbreaking judgment by the Full Federal Court over competing class actions will be handed down Tuesday morning and is expected to give judges much needed guidance on how to move forward when confronted, as they increasingly are, with multiple proceedings over the same alleged misconduct.

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Ex-Tennis Australia boss Harold Mitchell sued over Open deal
Corporate 2018-11-19 8:49 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has sued businessman Harold Mitchell for allegedly passing confidential information onto Seven Network while serving as a director at Tennis Australia in order to help the network win broadcast rights to the Australian Open.

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Foodora ordered to pay rider $15,600 in landmark unfair dismissal case
Employment 2018-11-16 11:55 pm By Cat Fredenburgh

A Foodora delivery rider has won $15,600 in an unfair dismissal case hailed as a test case for the gig economy, with the Fair Work Commission finding the rider was an employee, not an independent contractor of the failed company.

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‘Sorry’ could have shaved $1M off Alan Jones defamation payout
Defamation 2018-11-16 11:26 pm By Cat Fredenburgh

Broadcaster Alan Jones declined an offer to settle a lawsuit alleging he defamed a prominent Queensland family by blaming them for the deaths of 12 people in the 2011 Grantham floods because he would not agreed to the terms of a proposed apology.

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Surfstitch judge says court can’t drop opt-out notice to class
Class Actions 2018-11-16 11:23 pm By Cat Fredenburgh

A judge has rejected a bid by the applicants in two shareholder class actions against online fashion retailer Surfstitch to push forward with a proposed settlement of the cases without an opt-out notice to group members.

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Axed HWL special counsel says he was entitled to continued work
Employment 2018-11-16 10:28 pm By Cat Fredenburgh

A special counsel that was sacked from HWL Ebsworth after writing an article that was critical of the government’s treatment of veterans, is seeking to amend his pleadings to add claims that he was entitled to continued work under his employment contract with the firm.

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Motorola to bring copyright claims against Hytera
Intellectual Property 2018-11-16 9:56 pm By Miklos Bolza

Motorola Solutions wants to amend its pleadings in an ongoing patent case against Shenzen-based Hytera Communications to add copyright claims relating to the source code for the radio devices at the centre of the dispute.

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