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Leyonhjelm keeps up parliamentary privilege fight in Sarah Hanson-Young case
Defamation 2018-11-26 10:19 am By Christine Caulfield Melbourne

Liberal Democrat senator David Leyonhjelm has made good on his threat to challenge a ruling that kept alive a defamation lawsuit brought by Greens senator Sarah Hanson-Young after he accused her of labelling all men rapists on the sidelines of a Senate debate.

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Law firm calls for scrutiny of short sellers in class actions
Class Actions 2018-11-23 2:50 pm By Christine Caulfield Melbourne

A leading law firm has called for a closer look at the increasing involvement of short sellers in shareholder class actions, saying any review that flows from the current inquiry should examine whether short sellers should be allowed to join the legal proceedings.

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ACCC says OxoPak’s certification trade marks may mislead consumers
Article 2018-11-22 2:49 pm By Christine Caulfield Melbourne

The Australian Competition and Consumer Commission plans to reject an application for four certification trade marks by eco-friendly plastic packaging manufacturer OxoPak, saying Thursday the marks could mislead consumers about the environmental sustainability of the products.

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Telstra contractor faces ‘sham’ contracting class action by 4,000 technicians
Class Actions 2018-11-22 2:07 pm By Christine Caulfield

In what could be the largest employment class action ever brought, Telstra contractor Tandem Corp has been accused of unlawfully designating thousands of telecommunications technicians as independent contractors, avoiding overtime, leave and other benefits to the workers. The “sham” contracting class action, filed Wednesday by Shine Lawyers in the Federal Court, alleges Tandem, formerly ISG…

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What you need to know about the GetSwift ruling
Analysis 2018-11-21 11:55 pm By Christine Caulfield Melbourne

The court’s authority to shut down competing class actions is no longer in doubt after Tuesday’s Full Federal Court judgment in the case against GetSwift, and while there is no “silver bullet” when it comes to how judges must deal with multiple proceedings, there are key factors to weigh, the appeals court said. Here, experts provide the big takeaways from the landmark ruling.

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GetSwift judge had power to stay competing class actions, Full Court rules
Appeals 2018-11-20 11:21 am By Christine Caulfield Melbourne

The Full Federal Court has dismissed a challenge to a ruling that chose one of three shareholder class actions to proceed against GetSwift, saying the court had the power to permanently stay competing cases. But an injunction blocking the losing law firms from communicating with clients was going too far, it said.

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Barry Plant hit with $720,000 fine for duping house hunters with low display prices
Chief Justice Debra Mortimer 2018-11-20 10:47 am By Christine Caulfield

Real estate agency Barry Plant has been hit with a $720,000 fine after admitting it breached the consumer laws by underquoting the likely selling price of 20 properties listed online.

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Freight cos. slam ACCC’s collusion case over rail deal at start of trial
Ashurst 2018-11-19 11:51 pm By Christine Caulfield Melbourne

Pacific National would not misuse its market power after taking control of an important rail terminal in Brisbane because that would be “irrational”, the Federal Court heard Monday at the start of a two-week trial in the competition watchdog’s case alleging the rail giant colluded with competitor Aurizon to become the dominant operator of key freight corridors.

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GetSwift ruling to offer roadmap for competing class actions
Appeals 2018-11-19 9:18 pm By Christine Caulfield Melbourne

A groundbreaking judgment by the Full Federal Court over competing class actions will be handed down Tuesday morning and is expected to give judges much needed guidance on how to move forward when confronted, as they increasingly are, with multiple proceedings over the same alleged misconduct.

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Acai berry co. ends case alleging Aussie duo stole Amazon narrative
Competition & Consumer Protection 2018-11-14 10:58 pm By Christine Caulfield Melbourne

California-based acai berry company Sambazon Inc. has resolved legal action that accused its former Australian distributors of co-opting the company’s Amazonian narrative to promote a competing business.

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