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Australian Bar Association’s trade mark lawsuit is not a class action, judge says
Appeals 2020-06-03 3:40 pm By Miklos Bolza

A trade mark infringement lawsuit filed by the former CEO of the Australian Bar Association was not properly brought as a class action on behalf of member barristers, a judge has found.

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GSK, Novartis agree to $4.5M penalty for misleading Osteo Gel claims
Bird & Bird 2020-05-04 3:40 pm By Alison Eveleigh

GlaxoSmithKline and Novartis have agreed to a combined penalty of $4.5 million after the Australian Competition and Consumer Commission accused the pharmaceutical giants of making misleading claims in marketing their Voltaren Osteo Gel and Voltaren Emulgel pain relief products.

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Mazda to ACCC: We don’t have to replace dented, scratched up cars
ACCC 2020-01-29 4:41 pm By Cat Fredenburgh

Japanese car maker Mazda has replied to an ACCC action alleging it violated the Australian Consumer Law by failing to provide consumers with refunds or no-cost replacements for their allegedly faulty vehicles, saying it was not required to replace dented and scratched cars.

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‘I’m getting awful close to ending my life’: Magistrate despairs as ANZ cartel hearing blows out
ACCC 2019-12-12 7:49 pm By Miklos Bolza

A committal hearing in the ANZ cartel case may run a further nine days next year due to ongoing arguments about subpoenas and privilege, which have derailed five planned days of cross-examination of key witnesses and led a Local Court Magistrate to proclaim she was “awful close” to ending her life.

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Banks want to grill ANZ cartel case witnesses on late evidence by ACCC
ACCC 2019-12-10 6:58 pm By Miklos Bolza

The banks and executives facing criminal charges over alleged cartel conduct related to ANZ’s $2.5 billion share placement in 2015 will fight to widen their cross-examination of key ACCC witnesses after new information was brought to light in late submissions by the regulator.

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JPMorgan witness disputed existence of ANZ cartel ‘agreement’ court hears
ACCC 2019-12-06 9:45 pm By Miklos Bolza

A key witness from JPMorgan previously contested claims by the ACCC that a key component of an alleged cartel arrangement between four major banks around a $2.5 billion institutional share placement by ANZ was actually an ‘agreement,’ as opposed to a series of independent decisions, a court has heard.

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Mazda gave buyers of defective vehicles the ‘run around’, ACCC says
Automotive 2019-10-31 1:53 pm By Cat Fredenburgh

Japanese auto maker Mazda is facing regulatory action from the Australian Competition and Consumer Commission for allegedly refusing to provide purchasers of defective vehicles with a full refund or no-cost replacement, amid a continuing threat of a possible class action over alleged defects in certain vehicles.

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‘A very expensive lesson’: Ultra Tune to sue former auditors, lawyers over $2M franchising penalty
Chief Justice James Allsop 2019-09-20 11:58 am By Amelia Birnie

National car repair franchise Ultra Tune is preparing negligence suits against its former lawyers and auditors, after the company on Friday won a $590,000 reduction in a $2.6 million penalty for breaches of the Franchising Code of Conduct.

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Ultra Tune appeals ‘manifestly excessive’ penalty for breaching Franchising Code
Chief Justice James Allsop 2019-08-12 9:11 pm By Miklos Bolza

National car repair franchise Ultra Tune has argued in a Full Federal Court appeal that a $1.07 million penalty in an ACCC case was “manifestly excessive” because it was based on unintentional breaches of the Franchising Code of Conduct that were caused by tardy accountants and auditors.

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Judge has ‘no sympathy’ for ACCC’s attempt to block Ultra Tune appeal
Competition & Consumer Protection 2019-06-17 4:15 pm By Amelia Birnie

Ultra Tune has been given the go-ahead to challenge a $2.6 million penalty for alleged breaches of franchising and consumer laws, after a judge said she had “no sympathy” for the consumer regulator’s opposition to the car repair franchisor’s bid for more time to lodge an appeal.

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