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Kogan hit with $350,000 penalty for misleading TAXTIME promotion
ACCC 2020-12-07 1:07 pm By Cat Fredenburgh Melbourne

Online retailer Kogan has been hit with a $350,000 penalty for misleading customers during its 2018 TAXTIME promotion by offering discounts on products whose prices had been inflated, far short of the $2 million penalty sought by the Australian Competition and Consumer Commission.

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Rio Tinto claims cut from Deloitte age discrimination lawsuit
Accounting 2020-12-04 10:46 pm By Cat Fredenburgh Melbourne

Deloitte Touche Tohmatsu has succeeded in striking out claims that it made misrepresentations to Rio Tinto when it appointed a partner nearing the mandatory retirement age to a five-year project with the mining giant.

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Judge nixes bid to boot unregistered group members from Sims class action
Alexander Edwards 2020-12-04 10:23 pm By Christine Caulfield Melbourne

A bid by the applicant to restrict a securities class action against recycling company Sims Metal Management to shareholders who have registered to join the case has been shot down by a judge, who said the application was not in the interests of justice but “in the interests of injustice”.

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Fairfax looks to pare Elaine Stead’s defamation case mid-trial
Banki Haddock Fiora 2020-12-04 7:20 pm By Miklos Bolza Sydney

Nine-owned Fairfax has denied that two Australian Financial Review articles implied that venture capitalist Dr Elaine Stead “deliberately” destroyed capital, as it seeks to significantly reduce the defamation case it faces.

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ACCC accuses CFMEU, Hutchinson of boycotting non-union subcontractor
ACCC 2020-12-04 5:09 pm By Cat Fredenburgh Melbourne

The ACCC has taken legal action against the CFMEU and national builder J Hutchinson for allegedly boycotting an independent subcontractor at a construction site in Brisbane.

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AMP to tell advisers exiting BOLR program about class action
AMP 2020-12-04 12:47 pm By Cat Fredenburgh

The parties in a class action against AMP over changes to its buyer of last resort policy have agreed to a communications protocol making settlement offers and for releases attached to BOLR payments that require exiting financial advisers to waive their claims in the litigation.

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Sydney Opera House fights China group’s trade mark
Appeals 2020-12-04 12:45 pm By Miklos Bolza Sydney

The Sydney Opera House is challenging a ruling that denied its opposition to a trade mark application filed by a China-Australia trade association that featured an image of the opera house sails together with the Great Wall of China.

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‘She’s got a claim’: Judge rejects PwC’s bid to shut down ex-director’s lawsuit
Accounting 2020-12-04 12:04 pm By Cat Fredenburgh Melbourne

PricewaterhouseCoopers won’t get a chance to seek summary dismissal of a lawsuit brought by a former company director who claims her notice of termination through DocuSign was invalid and that she was denied entitlements, with a judge saying the former employee had a claim and that the parties needed to “just get on with it”.

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Elaine Stead says ‘terrible investor’ label worse than being called a fraud
Banki Haddock Fiora 2020-12-03 11:15 pm By Spencer Fowler Steen Melbourne

Being called a fraud is not as bad as being labelled a “terrible investor”, venture capitalist Dr Elaine Stead has said during trial in her high-profile defamation case against the Nine-owned Fairfax over two articles about her involvement in the failed investment company Blue Sky.

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Pfizer can’t get discovery in anticipation of Sandoz’ Enbrel biosimilar, judge says
Appeals 2020-12-03 11:00 pm By Cat Fredenburgh Melbourne

A judge hearing Pfizer’s application for preliminary discovery against Sandoz over its possible launch of an Enbrel biosimilar has found that such an application must be based on a current belief that the applicant could be entitled to relief.

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