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Construction giant Hutchinson takes ACCC to court over ‘invalid’ notice to produce
Competition & Consumer Protection 2019-03-28 4:43 pm By Christine Caulfield Melbourne

Private construction company Hutchinson Builders has brought legal action against the Australian Competition and Consumer Commission, seeking to quash what it says is an invalid notice to produce documents to the regulator, which has vowed to bring cases against the construction industry this year.

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Fair Work Ombudsman ‘overreacted’ in wage case against Transpetrol, judge says
Employment 2019-03-27 9:30 pm By Christine Caulfield Melbourne

A judge has told off the Fair Work Ombudsman for seeking penalties of up to $94,000 in a case alleging Norwegian shipping company Transpetrol underpaid seafarers more than $255,000 in wages, saying she “overreacted”.

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Thiess, 85-year-old woman liable in Parkerville bushfire class action
Class Actions 2019-03-27 9:13 pm By Miklos Bolza Sydney

A 2014 bushfire sparked by a termite-infested electrical pole that destroyed 57 homes was the fault of sub-contractor Thiess Services and the owner of the land on which the pole sat, a court has found.

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Class action applicant can join landmark WorkPac appeal
Adero Law 2019-03-27 4:47 pm By Miklos Bolza Sydney

The lead applicant in an $84 million class action against labour hire company WorkPac has been given the green light to intervene in an appeal that will clarify the definition of casual work for Australian employers.

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Reckitt using court to beat competitors, AFT tells judge in spat over Maxigesic ads
Competition & Consumer Protection 2019-03-27 3:26 pm By Miklos Bolza Sydney

AFT Pharmaceuticals has accused rival Reckitt Benckiser of using the court as a “clearance house” to beat its competitors, the latest development in a long-running dispute over AFT’s Maxigesic ads.

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Kmart ordered to hand over docs in cargo pants IP dispute
Allens 2019-03-27 3:14 pm By Cat Fredenburgh Melbourne

Kmart has been ordered to produce more documents related to changes made to the designs for its men’s cargo pants and shorts in a lawsuit alleging it violated the copyright for workwear company Globe International’s clothing designs.

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Ultra Tune to fight $2.6M fine for misleading franchisee, fabricating evidence
Article 2019-03-27 3:00 pm By Christine Caulfield Melbourne

Ultra Tune is challenging a court ruling that socked it with a $2.6 million penalty in a case brought by the Australian Competition and Consumer Commission alleging it misled a prospective franchisee about the costs of buying an outlet in Parramatta, Sydney and tried to cover up its conduct with “manufactured” evidence.

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Click Energy to pay $900,000 for misleading customers about their power bills
Competition & Consumer Protection 2019-03-26 10:27 pm By Christine Caulfield Melbourne

Electricity retailer Click Energy has been ordered to pay $900,000 in penalties for misleading consumers about discounts on their energy bills.

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AMP wants expert report tossed in ASIC insurance churn case
Employment 2019-03-26 10:11 pm By Cat Fredenburgh Melbourne

AMP will challenge the admissibility of an expert report central to ASIC’s case over alleged insurance churning by one of the wealth manager’s former financial advisers, after a judge called on the regulator to be more transparent about its communication with the experts in the case.

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Judge criticised for ‘professional discourtesy’ after 75-day delay in publishing ruling
HWL Ebsworth Lawyers 2019-03-26 8:31 pm By Miklos Bolza Sydney

A Federal Court judge has criticised a Federal Circuit Court judge for the “professional discourtesy” he showed in his treatment of an Iranian refugee’s case, including delaying publication of judgment for 75 days after delivering his reasons orally.

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