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Walton liquidator next in line to sue NAB, former director
Bounty Law 2019-09-19 8:39 pm By Miklos Bolza Sydney

The liquidator appointed to investigate a class action over Walton Construction’s collapse is now looking to file his own case against National Australia Bank, the company’s former director, and the restructuring firm hired before the construction company’s demise.

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Government floats criminal sanctions for wage theft
Employment 2019-09-19 4:09 pm By Miklos Bolza Sydney

The Federal Government is mulling criminal penalties for the “most serious types” of wage theft, with violators facing up to ten years in jail.

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Order banning DP World workers from ‘go slow’ protests quashed by FWC’s 7.5 hour error
Andrew Denton 2019-09-19 3:54 pm By Miklos Bolza Sydney

The CFMEU has successfully challenged an interim Fair Work Commission order barring workers at stevedoring firm DP World from ‘go slow’ industrial action after an appeals panel found a commissioner had no power to make the original order because she miscalculated, by 7.5 hours, when she could make it.

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ACCC issues guidance on competition risks in IP transactions: Beware the inadvertent cartel
Competition & Consumer Protection 2019-09-19 12:47 pm By WP Creative

The ACCC has issued final guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act. As of September 13 the IP exemption no longer applies, however, certain worked examples remain undeveloped or unrealistic, such that uncertainties remain as to the ACCC’s likely approach in particular matters, writes Patrick Gay and Amalia Stone of Herbert Smith Freehills.

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Steel giant BlueScope could face criminal charges over alleged cartel
Andrew Bell 2019-09-18 10:08 pm By Christine Caulfield Melbourne

Prosecutors are weighing criminal charges over alleged cartel conduct the subject of a price-fixing case by the ACCC against BlueScope Steel and former general manager of sales Jason Ellis, a judge has revealed in rejecting a bid by the competition watchdog to suppress details of its case.

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Holding Redlich partner defends ‘good lawyer’ reputation at political donations inquiry
Arthur Moses 2019-09-18 9:17 pm By Amelia Birnie Sydney

Holding Redlich national managing partner Ian Robertson has defended his reputation as a “good lawyer” while being cross-examined at ICAC over cover-up advice he strenuously denies giving to NSW Labor over the now infamous Aldi bag containing $100,000 in cash donations.

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Law firm faces class action over Slater & Gordon acquisition advice
Arnold Bloch Leibler 2019-09-18 9:09 pm By Miklos Bolza Sydney

An elite Melbourne law firm has become the latest target of Slater & Gordon shareholders whose stock went south after the plaintiffs firm’s disastrous $1.2 billion acquisition of UK professional services outfit Quindell, facing a class action alleging it was negligent in its role conducting due diligence for the deal.

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ACCC to bring misuse of market power case by end of year
Competition & Consumer Protection 2019-09-18 4:51 pm By Cat Fredenburgh Melbourne

The Australian Competition and Consumer Commission currently has twelve misuse of market power investigations underway, one of which will likely make it to the courthouse before the year is up.

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ACCC’s Sims says ‘strong competition’ lacking in retail banking sector
Competition & Consumer Protection 2019-09-18 4:48 pm By Cat Fredenburgh Melbourne

ACCC Chair Rod Sims reiterated concerns about the lack of competition in the retail banking sector on Wednesday, but shut down media reports that the competition regulator is pushing for a royal commission-scale inquiry into the big four banks.

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In new class action defence, Scenic Tours says passengers can’t rely on it to control weather
Acting Justice Ronald Sackville 2019-09-18 3:16 pm By Miklos Bolza Sydney

A class action alleging travel agency Scenic Tours owes damages to European cruise passengers forced to take buses when heavy rain flooded waterways is still proceeding despite an impending High Court appeal, with the tour company now seeking to argue in an amended defence that class members could not reasonably rely on it to control water levels.

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