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Qube resolves misuse of market power case against Port of Newcastle
Competition & Consumer Protection 2020-11-30 2:29 pm By Cat Fredenburgh

Logistics services provider Qube has resolved a lawsuit that accused the Port of Newcastle of misusing its power in the market for port services by denying Qube’s request to use its own equipment to provide dry bulk unloading services at the port.

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ASIC wins case against insurer Youi over 2-year delay on hail damage claim
Insurance 2020-11-27 10:18 pm By Cat Fredenburgh

A court has found that insurer Youi breached its duty of utmost good faith by taking two years to settle a home owner’s hail storm claim.

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Judge postpones signing off on GetSwift move to Canada until FIRB approval
Corporate 2020-11-27 7:49 pm By Cat Fredenburgh

A judge has indicated she will approve GetSwift’s plans to relocate to Canada, despite concerns raised by ASIC, but will wait until the company has received approval from the Foreign Investment Review Board.

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Rio Tinto execs’ trial vacated given likelihood of COVID-19 vaccine
COVID-19 2020-11-27 6:58 pm By Spencer Fowler Steen

A judge has vacated a seven-week trial in proceedings brought by ASIC against two former Rio Tinto executives to March or April 2022, after they requested a “lengthy delay” to ensure a COVID-19 vaccine would be available before they travel to Australia for trial.

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Court hears case of missing Sydney businesswoman Melissa Caddick now murder investigation
Financial Services 2020-11-27 2:38 pm By Spencer Fowler Steen

The brother of missing Sydney woman Melissa Caddick is helping police with an investigation into her murder, a court overseeing ASIC’s action against the businesswoman was told Friday.

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GetSwift not ‘fleeing the jurisdiction’ with Canada relocation bid, court told
Corporate 2020-11-26 6:58 pm By Miklos Bolza

Logistics software company GetSwift has tried to assure the Federal Court that an attempt to relocate to Canada is not for the purpose of avoiding pecuniary penalties and damages in civil proceedings brought by ASIC and a $50 million shareholder class action.

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Telstra faces $50M penalty for ‘exploiting’ Indigenous consumers
Competition & Consumer Protection 2020-11-26 4:14 pm By Spencer Fowler Steen

Telstra is facing the second highest penalty ever imposed under consumer law for signing up Indigenous customers to post-paid mobile plans, with the ACCC alleging the telco exploited social and cultural vulnerabilities and caused “severe” financial hardship and distress, with one customer scared they would be incarcerated for not paying up.

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Advanta patent lapses after renewal correspondence sent to departed employees
Intellectual Property 2020-11-25 4:29 pm By Cat Fredenburgh

Advanta Seeds has been denied more time to pay renewal fees for its patent for a hybrid plant cell after correspondence from its lawyers about the renewal was sent to employees that had left the company and the patent renewal fell through the cracks during a 2016 systems upgrade.

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ACCC says Kogan should pay $2M for misleading promotion
Competition & Consumer Protection 2020-11-24 9:54 pm By Spencer Fowler Steen

The Australian Competition and Consumer Commission is seeking $2 million in penalties against Kogan, after a judge found statements the online retailer made during a 2018 promotion were misleading and drew consumers into the company’s “marketing web”.

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Government may block GetSwift’s relocation to Canada while litigation on foot
Corporate 2020-11-24 5:50 pm By Cat Fredenburgh

Treasurer Josh Frydenberg has indicated the government may oppose GetSwift’s bid to relocate to Canada while it’s facing a $50 million shareholder class action and ASIC enforcement proceedings, a move which a judge recently described as “not a good look”.

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