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‘No brainer’ that Arrium was failing when directors drew down funds, court told
Amy Munro 2022-08-02 11:09 pm By Cindy Cameronne Sydney

Several lenders have appealed a ruling that found they failed to prove steel giant Arrium falsified representations on loan drawdown notices ahead of its $2.8 billion collapse, saying it was a “no brainer” that the company was in dire straits when its directors sought extra funds.

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Slater & Gordon wins beauty parade, group costs order in Beach Energy class action
Alistair Pound 2022-08-01 2:28 pm By Cindy Cameronne Sydney

Slater & Gordon has defeated Shine Lawyers in a contest to run a shareholder class action against Beach Energy, with a judge finding Shine’s tiered contingency fee arrangement was “mere window dressing”.

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Drug companies drop bid for ACCC approval of Revlimid patent settlement
Christian Dimitriadis 2022-07-29 11:44 am By Cat Fredenburgh

Bristol-Myers Squibb unit Celgene and two generic drug makers have withdrawn an application for ACCC approval of a patent settlement that would have allowed for an early launch of a generic version of blockbuster cancer drug Revlimid.

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Full Court decision could ensnare buy now, pay later schemes, High Court told
Adam Pomerenke 2022-07-27 11:37 pm By Sam Matthews Melbourne

Payday lenders Cigno and BHF have filed High Court challenges to a judgment which found they could not bypass lender obligations contained in the Credit Code, warning the judgment could subject buy now, pay later schemes to the Code.

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Mastercard says deals with retailers were legitimate, pro-competitive
Article 2022-07-27 12:51 pm By Christine Caulfield

Mastercard had a legitimate and pro-competitive reason for reaching agreements with major retailers to choose its network over Eftpos for debit card processing, a court was told Wednesday in the competition regulator’s misuse of market power case against the financial services behemoth.

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Honda admits ‘accidentally but repeatedly’ misleading customers
ACCC 2022-07-26 12:35 pm By Sam Matthews Melbourne

Honda has admitted to the Australian Competition and Consumer Commission’s claims that it mislead the customers of two former authorised dealerships, but is seeking to avoid pecuniary penalties for the “accidental” misconduct.

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Penalty in ACCC case against Uber off by more than $20M, judge says
ACCC 2022-07-25 11:07 pm By Sam Matthews Melbourne

A judge has slammed a $26 million penalty agreed to by Uber and the ACCC as “not within the range”, saying the impact of the rideshare giant’s misleading conduct appeared to be “trivial”.

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ASIC can pursue defunct funeral insurer in case of ‘clear public interest’
ASIC 2022-07-25 3:30 pm By Cindy Cameronne Sydney

A judge has given ASIC the green light to continue proceedings against a defunct funeral insurer which allegedly misled Aboriginal customers about being Indigenous-owned and claims that its products were specifically beneficial for First Nations people.

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Kmart settles Jellycat lawsuit over knockoff ‘Bashful Bunny’
Competition & Consumer Protection 2022-07-25 2:55 pm By Christine Caulfield

Kmart Australia has resolved a case brought by UK-based Jellycat that accused the retailer of selling knockoffs of the plush toy designer’s signature ‘Bashful Bunny’.

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ASIC loses bid for early punishment against Select AFSL
Anthony Cheshire 2022-07-22 10:07 pm By Cindy Cameronne Sydney

A judge has shot down ASIC’s bid for declarations against life insurer Select AFSL before a penalty hearing after finding that the insurer acted unconscionably when selling insurance over the phone.

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