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ASIC won’t challenge loss in Tennis Australia case, but more claims may be coming
Aaron Weinstock 2020-12-09 9:52 pm By Miklos Bolza Sydney

ASIC will not appeal a Federal Court decision tossing the majority of its case against former Tennis Australia director Harold Mitchell and accusing the regulator of “confirmatory bias” in bringing the case, but has foreshadowed fresh claims related to allegedly inconsistent statements given during its investigation.

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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
ACCC 2020-12-08 1:34 pm By Christine Caulfield Melbourne

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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Murray Goulburn’s former top execs banned from managing companies
Agriculture 2020-11-13 10:31 pm By Christine Caulfield Melbourne

Murray Goulburn’s former managing director Gary Helou and chief financial officer Brad Hingle have been disqualified from heading up companies after they were found to have breached the Corporations Act for their role in the milk supplier’s repeated failure to disclose an expected material decrease in the milk supplier’s earnings guidance for 2016.

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ASIC calls for 3-year-ban against former Murray Goulburn boss Gary Helou
Agriculture 2020-11-12 1:34 pm By Christine Caulfield Melbourne

The corporate regulator is pushing for a three-year director ban against former Murray Goulburn managing director Gary Helou and a two-year disqualification order against the dairy cooperative’s former chief financial officer over misleading representations about farmgate milk prices five years ago.

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Funder to seek 30% cut from $9.5M McMillan Shakespeare class action settlement
ASIC 2020-11-10 9:46 pm By Cat Fredenburgh Melbourne

The funder that backed a class action against McMillan Shakespeare over ‘illusory’ car warranties, which settled for less than 20 per cent of the $47.6 million claim value, will seek court approval for a 30 per cent cut of the $9.5 million settlement.

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McMillan Shakespeare to pay $9.5M to settle $47.6M class action
ASIC 2020-11-09 3:01 pm By Miklos Bolza Sydney

The lead applicant in a $47.6 million class action against McMillan Shakespeare over ‘illusory’ car warranties will seek court approval for a $9.5 million settlement, less than 20 per cent of the claim value.

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Mylan fails in High Court bid to save patents for top seller Lipidil
Appeals 2020-11-06 12:06 pm By Cat Fredenburgh Melbourne

The High Court has declined to take up Mylan’s challenge to a Full Court ruling upholding the invalidity of three patents for its blockbuster cholesterol drug Lipidil.

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Ex-Tennis Australia director Harold Mitchell must pay $90,000 in ASIC case
Aaron Weinstock 2020-11-04 12:47 pm By Miklos Bolza Sydney

The Federal Court has ordered former Tennis Australia director Harold Mitchell to pay a $90,000 penalty after a “narrow” win for ASIC in its case over the domestic broadcast rights to the Australian Open.

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Citing dangers of ‘hypothetical postulation’, Full Court declines to answer common fund order question
7-Eleven 2020-11-03 3:25 pm By Miklos Bolza Sydney

The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…

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Law firms behind competing AMP class actions fight consolidation
AMP 2020-10-27 4:37 pm By Cat Fredenburgh Melbourne

A showdown over two competing class actions against AMP is set down for December, and the applicants will have to persuade the judge overseeing the cases that they should not be consolidated.

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