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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

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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ACCC issues mea culpa after TPG, Vodafone merger gaffe
Article 2019-05-16 10:44 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has apologised for botching the announcement of its plan to block the $15 billion merger of TPG and Vodafone, blaming a computer glitch for the error.

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SARB seeks to park vehicle detector patent case, says dispute settled 5 years ago
Andrew McRobert 2019-05-16 8:25 pm By Miklos Bolza

Melbourne-based civic compliance firm SARB Management Group wants to put the brakes on a case brought by tech company Vehicle Monitoring Systems over a patented method for detecting vehicles, in a dispute it says was finalised in a settlement reached almost five years ago.

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MACH Energy attacks former director’s ‘inconsistent’ pleadings in $20M lawsuit
Arnold Bloch Leibler 2019-05-16 4:47 pm By Miklos Bolza

Mining firm MACH Energy may move to strike out “inconsistent” pleadings in a $20 million lawsuit brought by its former managing director, Scott Winter, whose discovery delays have raised the ire of the judge hearing the case.

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ASIC’s Shipton clarifies ‘why not litigate’ approach
Financial Services 2019-05-16 4:10 pm By Christine Caulfield

The Australian Securities and Investments Commission chair James Shipton has clarified the regulator’s “why not litigate” approach to enforcement, saying it does not mean “litigate first” or “litigate everything”.

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BHP wins bid for High Court intervention in $82M fight with tax office
Appeals 2019-05-15 10:42 pm By Christine Caulfield

The High Court has agreed to take up an appeal by mining giant BHP Group Limited in its battle with the Australian Tax Office over an $82M tax bill.

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Common fund orders on shaky ground as High Court grants special leave to Westpac, BMW
Allens 2019-05-15 9:58 pm By Christine Caulfield

The writing may be on the wall for common fund orders in class actions that put all unregistered group members on the hook for a litigation funder’s commission, after the High Court agreed Wednesday to take up landmark challenges by Westpac and BMW, experts say.

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Class actions still loom as ASIC drops probe into Blue Sky
Class Actions 2019-05-15 9:28 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has dropped its probe into Blue Sky over possible violations of its continuous disclosure obligations, but the fund manager still faces three active shareholder class action investigations.

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ACCC loses court challenge to Pacific National, Aurizon terminal deal
Ashurst 2019-05-15 9:09 pm By Amelia Birnie

The Australian Competition and Consumer Commission has suffered a major defeat in its challenge to Pacific National’s proposed $205 million acquisition of competitor Aurizon’s Queensland freight terminal, with a judge saying he was appeased by a last-minute promise from Pacific that it would not block third parties from accessing the terminal.

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‘Loose with the truth’ broker wins High Court challenge to ASIC ban
Appeals 2019-05-15 4:32 pm By Miklos Bolza

The High Court has upheld an appeal by a mortgage broker with a history of run-ins with the law, finding that the Administrative Appeals Tribunal could not take spent convictions into account when reviewing ASIC ban orders.

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