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ACCC can pursue car rental company for threatening customers despite liquidation
Competition & Consumer Protection 2020-03-12 4:38 pm By Christine Caulfield

The ACCC has been given the go-ahead to continue its regulatory action against car rental company Australian 4WD Hire over allegedly threatening emails, three months after the firm went into voluntary liquidation.

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Cussons seeks $4.7M in indemnity costs from ACCC for ‘doomed to fail’ cartel case
Competition & Consumer Protection 2020-03-11 5:40 pm By Miklos Bolza

Personal healthcare giant PZ Cussons is seeking $4.7 million in indemnity costs from the ACCC, claiming the regulator’s much hyped spoke and hub case over an alleged laundry detergent cartel was always “overwhelmingly likely” to fail.

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ASIC wins High Court appeal over meaning of corporate ‘officer’
Appeals 2020-03-11 12:57 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has scored a victory before the High Court, with the court unanimously finding that the term “officer” under the Corporations Act is not limited to those that hold official positions within a company.

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Trivago appeals ruling it misled customers with hotel listings
Appeals 2020-03-10 12:53 pm By Cat Fredenburgh

Hotel booking aggregator Trivago has appealed a ruling that it misled consumers about its cheapest price promise by arranging listings according to payments it received instead of the hotel room price.

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Union files FWC challenge after Qantas worker suspended for coronavirus warning
Employment 2020-03-09 2:48 pm By Miklos Bolza

Qantas is facing a Fair Work Commission lawsuit by the Transport Workers’ Union after the airline suspended an aircraft cleaner who raised concerns about coronavirus risks.

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Crude joke no valid reason for dismissing ‘larrikin’ mine worker, FWC finds
Employment 2020-03-06 9:55 pm By Miklos Bolza

The Fair Work Commission has found that BHP’s decision to fire a mine worker and self-professed ‘larrikin’ for a single crude joke was unjustified, but the employee’s attempts to throw other staff “under the bus” during an internal investigation were valid reasons for the dismissal.

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Judge keeps competition case against NSW Ports anchored
Competition & Consumer Protection 2020-03-05 5:00 pm By Alison Eveleigh

A maritime development company has failed in its bid to resume its competition lawsuit against NSW Ports, with the Federal Court ordering that the proceedings remained stayed until a similar case brought by the competition regulator is heard.

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‘Disappointed’ ACCC won’t challenge ruling on $15B Vodafone, TPG merger
Competition & Consumer Protection 2020-03-05 9:37 am By Cat Fredenburgh

The Australian Competition and Consumer Commission says it has no grounds to challenge a ruling that found the $15 billion merger of Vodafone with telecommunications rival TPG would not substantially lessen competition.

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‘I have been ignored’: Claimant makes courtroom plea in AMP insurance churn case
Financial Services 2020-03-03 4:59 pm By Miklos Bolza

An individual claimant accusing AMP Financial Planning of ignoring multiple attempts to gain remediation for alleged insurance re-writing conduct was granted permission to voice his displeasure in court, while ASIC and AMP grapple with the details of a remediation program for insurance churn victims.

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‘An inexact science’: Geowash execs can’t void Thomson Geer costs agreement
Competition & Consumer Protection 2020-03-03 4:48 pm By Cat Fredenburgh

Two executives of car wash franchisor Geowash that were found to be knowingly involved in the company’s unconscionable conduct in its dealings with franchisees have lost their bid to void a costs agreement with law firm Thomson Geer, with a judge calling legal cost estimations “an inexact science”.

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