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ACCC takes online retailer Kogan to court for misleading promotion
Competition & Consumer Protection 2019-05-23 10:05 am By Christine Caulfield Melbourne

The consumer watchdog has brought legal action against online retailer Kogan Australia alleging one of its discount promotions duped customers.

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PWC claims privilege against self-incrimination in fight over Vocation audit files
Class Actions 2019-05-22 8:42 pm By Christine Caulfield Melbourne

Accounting giant PricewaterhouseCoopers is resisting a notice to produce audit files in a consolidated shareholder class action over the collapse of education and training company Vocation, arguing its partners face a real risk of criminal and civil penalty proceedings and are entited to claim privilege against self-incrimination.

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Law firms to learn fate in AMP class action beauty parade
Alec Leopold 2019-05-21 11:25 pm By Christine Caulfield Melbourne

A ruling by a judge deciding a four-way contest to run a shareholder class action against AMP is expected this week, a judgment significant not just because it is the first time a court in Australia has been asked to choose among so many competing representative cases.

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ANZ brings on class actions ace as new group GC
ANZ 2019-05-21 8:43 pm By Christine Caulfield Melbourne

ANZ has recruited seasoned class actions lawyer Ken Adams to be its next group general counsel as the bank faces two cases over a botched share placement and braces for the possibility of more litigation in the wake of the Banking Royal Commission.

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Qudos Bank wins source code from Infosys as it weighs possible IP case
Allens 2019-05-20 11:33 pm By Christine Caulfield Melbourne

Technology consulting group Infosys must hand over more documents — including source code — to Qudos as the mutual bank considers a possible copyright infringement and breach of contract case in the wake of a soured deal to help overhaul its online banking platform.

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Metlife brings action against AFCA in first court showdown for complaints body
Financial Services 2019-05-20 9:36 pm By Christine Caulfield Melbourne

Insurance giant Metlife has launched legal proceedings against the Australian Financial Complaints Authority to challenge a finding in favour of an injured former NSW police officer, in what is the first Federal Court action against the new external dispute resolution body.

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Microsoft can’t get ‘free hand’ to change case in re-trial of IP spat, judge says
Andrew Fox 2019-05-17 11:11 pm By Christine Caulfield Melbourne

A judge has rejected an application by Microsoft to add a claim to its intellectual property dispute with a Melbourne computer retailer after the software giant’s $2.8 million win was overturned as “regrettable” and the case sent back for re-trial.

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Over protests, judge sets trial date in ASIC case against Tennis Australia duo
ASIC 2019-05-17 3:13 pm By Christine Caulfield Melbourne

A judge has scheduled a three-week trial to begin November 4 in a case brought by the corporate regulator against two directors of Tennis Australia over broadcast rights to the Australian Open, despite argument by a lawyer for one director that the timetable was “extremely tight”.

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Facebook, Instagram to fight misuse of market power case by social media startup
Competition & Consumer Protection 2019-05-17 2:27 pm By Christine Caulfield Melbourne

Facebook and Instagram will defend against claims they misused their market power to block an Australian marketing startup from their platforms, saying the company – which sends scheduled social media posts for clients — had breached their terms of use.

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Pacific National’s undertaking better for rail competition, says judge in tossing ACCC case
Ashurst 2019-05-16 11:50 pm By Christine Caulfield Melbourne

Potential new entrants to a major freight terminal in Queensland will be “better protected” by a last-minute promise by the terminal’s hopeful owner, Pacific National, than if the ACCC had succeeded in blocking the rail operator’s proposed $205 million acquisition, according to the judge who dismissed the competition watchdog’s case.  

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