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Full Court triples ‘manifestly inadequate’ penalty against Employsure
ACCC 2023-02-08 11:34 am By Cindy Cameronne

The Australian Competition and Consumer Commission has won its appeal against Employsure over alleged misleading Google advertisements, with the Full Federal Court upping the penalty against the specialist workplace relations consultancy from $1 million to $3 million.

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An ‘odd’ result: High Court told reputation can’t be ignored in Botox TM case
Angus Lang 2022-12-08 4:30 pm By Cindy Cameronne

A contradictor has argued that the High Court must consider the reputation of Botox maker Allergan’s trade marks in a cosmetic company’s challenge to a judgment finding it infringed the marks by marketing its topical creams as Botox alternatives.

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Ruby Princess COVID-19 outbreak ‘no accident’, class action trial hears
Amy Reid 2022-10-12 9:02 pm By Cindy Cameronne

A COVID-19 outbreak aboard the Ruby Princess that left 28 people dead was “something that was very likely to happen” and the cruise should never have sailed, a court heard as a class action trial against Carnival PLC kicked off.

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Court upholds $50M award for Siemens in spat over Qatar transport contract
Cimic 2022-09-07 11:45 pm By Cindy Cameronne

A judge has upheld two arbitration awards worth $52 million for German industrial manufacturing giant Siemens against CIMIC-connected BIC Contracting LLC over a contract to build a “people mover system” in Qatar.

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Snap Fitness franchisee loses COVID-19 coverage appeal, but ‘conformity clause’ debate still live
Appeals 2022-08-31 11:30 pm By Christine Caulfield

An appeals court has dismissed a challenge brought by a Snap Fitness franchisee to a ruling that found insurer Lloyd’s could rely on a conformity clause in its policy to deny business interruption coverage to the NSW gym for losses related to COVID-19.

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Fujifilm’s small business contracts riddled with unfair terms, court finds
ACCC 2022-08-12 12:35 pm By Cindy Cameronne

Dozens of provisions in Fujifilm’s contracts with thousands of small businesses are unfair and unenforceable, a court declared Friday in a case against the office supply company by the Australian Competition and Consumer Commission.

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Judge under fire again, this time for developing own fraud case in bankruptcy spat
Courts 2022-07-20 12:08 am By Christine Caulfield

A court has overturned a ruling by a federal judge repeatedly in the spotlight for his decisions, finding in the latest case that a fraud claim against a property purchaser in a dispute with bankruptcy trustees was a notion developed, pursued and upheld by the judge himself.

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Judge asked by appeals court to explain damages in trade secrets spat
Banki Haddock Fiora 2022-07-13 11:33 pm By Christine Caulfield

An appeals court has returned a case to a judge it said did not give sufficient reasons for awarding damages in a case brought by flooring company Evagroup against a sales manager who left to launch a competing business.

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ASIC can’t access PwC report at centre of privilege fight with Terracom
Accounting 2022-06-28 11:10 pm By Christine Caulfield

A judge has rejected a bid by the corporate regulator to access an unredacted PricewaterhouseCoopers report commissioned by coal miner TerraCom ahead of a challenge to a decision that cleared the way for the regulator to eye the document as part of an investigation.

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ACCC, Fujifilm ‘close’ to settling case over small biz contracts
ACCC 2022-06-08 4:14 pm By Cindy Cameronne

The Australian Competition and Consumer Commission is “close” to settling its case against office supply company Fujifilm over allegedly unfair contracts with small businesses, a court has heard.

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