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Potato wholesaler rejects ACCC’s ‘egregious’ contracts case
Competition & Consumer Protection 2018-08-08 8:03 pm By Miklos Bolza

Australia’s largest potato wholesaler Mitolo Group has hit back at allegations by the ACCC that its contracts with growers were unfair, telling a court the terms were open to negotiation and were necessary to protect the company’s intellectual property.

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Myer stayed silent after CEO’s ‘cloud cuckoo land’ forecast, court told
Trials 2018-08-08 3:03 pm By Christine Caulfield

Myer had an obligation to correct remarks by former CEO Bernie Brookes in 2014 that the department store expected increased profits the following year, because there was no reasonable basis for the statement, a court heard Wednesday at the start of trial in a shareholder class action alleging the company breached its disclosure obligations to the market.

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Full Court questions restraint against class action lawyers
Class Actions 2018-08-07 10:21 pm By Miklos Bolza

The Full Federal Court expressed doubts Tuesday about an “unusual” and “heavy handed” order restraining lawyers leading the stayed class actions against GetSwift from advising their clients about whether to opt out of the prevailing action.

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Westpac dodges ASIC bid for rogue trader chatter
Financial Services 2018-08-07 9:46 pm By Christine Caulfield

The corporate watchdog can’t get its hands on documents detailing Westpac’s disciplinary measures against rogue traders or communications between the employees ahead of a penalty hearing in a case that found the bank attempted to influence the Bank Bill Swap Rate.

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Aristocrat mulls misleading conduct case against Ainsworth
Intellectual Property 2018-08-07 9:27 pm By Miklos Bolza

Gaming giant Aristocrat Technologies is seeking further documents from rival Ainsworth Game Technology to weigh misleading conduct and passing off claims as it mounts a potential copyright and consumer law case.

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WorleyParsons CFO told earnings targets a ‘stretch’, email reveals
Class Actions 2018-08-06 11:04 pm By Christine Caulfield

A week before WorleyParson’s CEO promised shareholders net profits in excess of $322 million for the 2014 financial year, the engineering group’s global finance director told its CFO that the company’s earnings targets were “a stretch”, according to an email uncovered in a shareholder class action.

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GetSwift class action should be reheard by new judge, Full Court told
Class Actions 2018-08-06 9:03 pm By Miklos Bolza

The judge overseeing the GetSwift class action proceedings was bent on picking a winner from the outset and should be removed from the case for rehearing, a barrister for one of the losing law firms told the Full Federal Court Monday.

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Trial delayed as Google asks Unlockd to prove it can pay
Competition & Consumer Protection 2018-08-06 11:03 am By Christine Caulfield

Unlockd says its close to finalising litigation funding to pursue its competition case against Google, but the September trial date has been pushed back as the search engine demands a show of proof that the failed startup can pay up if the case goes Google’s way.

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University of Sydney slams ObjectiVision’s ‘outlandish’ damages claims
Intellectual Property 2018-08-03 11:40 pm By Miklos Bolza

Ophthalmic diagnostic device maker ObjectiVision’s amended claims for damages, filed after a 25-day patent hearing, are “outlandish” and “unfair,” the University of Sydney has told the Federal Court.

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5 things to watch in the GetSwift class action appeal
Analysis 2018-08-03 11:18 pm By Christine Caulfield

Three senior Federal Court judges will hear arguments Monday and Tuesday in a closely-watched appeal of a ruling that stayed two of three competing shareholder class actions against GetSwift as an abuse of process, and the impact of the Full Court’s ruling will be felt for a long time to come. Here are five major issues the court will be wrestling with over the next two days.

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