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NSW Ports slams ACCC’s competition constraint claims as ‘slight or hypothetical’
Competition & Consumer Protection 2019-07-19 3:38 pm By Miklos Bolza

NSW Ports Operations has denied claims that an agreement for the privatisation of its subsidiaries Port Botany and Port Kembla stymied competition, describing the allegations made by the Australian Competition and Consumer Commission as “slight or hypothetical”.

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Judge slashes compensation with $50M payout in WestConnex land dispute
Real Estate 2019-07-18 9:01 pm By Miklos Bolza

Two companies owned by the ex-director of Dial A Dump have failed in a bid to secure $584 million in compensation for land compulsorily acquired by the NSW Government for the WestConnex project, with the court granting them less than 10 per cent of that amount.

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Judge wants contradictor’s view on Sydney light rail common fund
Class Actions 2019-07-15 3:11 pm By Miklos Bolza

The judge overseeing the Sydney light rail class action has ordered that a contradictor be appointed to weigh in on a proposed common fund order, which includes a 25 per cent commission for the funder that is backing the case.

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NSW Health to face underpayment class action by junior medical officers
Employment 2019-07-11 2:23 pm By Miklos Bolza

NSW Health is facing a potential class action alleging it underpaid junior medical officers who were denied wages for unscheduled or non-rostered hours worked.

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Drunks and prostitutes: Down N’ Out trade mark evokes Sin City, not In-N-Out, court told
Intellectual Property 2019-07-03 8:48 pm By Miklos Bolza

Sydney’s Down N’ Out Burgers has rejected claims that it appropriated the trade mark of US burger chain In-N-Out, telling a court at the close of trial that the founders were inspired by the success of the American company but wanted to evoke the idea of Sin City, not speedy service.

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Quinn Emanuel files appeal after losing AMP class action contest
Appeals 2019-06-19 9:34 pm By Christine Caulfield

Law firm Quinn Emanuel Urquhart & Sullivan has followed through on its threat to appeal a high stakes ruling that shut down its shareholder class action against AMP, along with two competing cases, after a two-day beauty parade that saw rival firm Maurice Blackburn take the prize.

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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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ASIC to face off against Westpac after judge ripped up $35M settlement deal
Financial Services 2019-05-02 9:22 pm By Cat Fredenburgh

The Australian Securities and Investments Commission will gets a chance on Monday to prove its claims that Westpac breached responsible lending laws by providing unsuitable home loans when the two face off in a high-stakes trial following the court’s rejection of what would have been a record $35 million penalty for breaching the country’s lending laws.

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‘No reason in logic’ why Ethicon pelvic mesh class should not be expanded, judge says
Class Actions 2019-05-02 4:27 pm By Cat Fredenburgh

A judge has signed off on the lead applicants’ bid to expand the current group definition in a class action against Johnson & Johnson unit Ethicon over allegedly defective vaginal mesh products, saying there was “no reason in logic” why the request should be denied.

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Appeals court revives $20M tip fire class action against NSW council
Class Actions 2019-04-23 3:07 pm By Cat Fredenburgh

An appeals court has revived a class action against a NSW council over loss and damage resulting from a 2009 tip rubbish fire, and awarded the lead applicant over $100,000 in damages.

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