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GetSwift not ‘fleeing the jurisdiction’ with Canada relocation bid, court told
ASIC 2020-11-26 6:58 pm By Miklos Bolza Sydney

Logistics software company GetSwift has tried to assure the Federal Court that an attempt to relocate to Canada is not for the purpose of avoiding pecuniary penalties and damages in civil proceedings brought by ASIC and a $50 million shareholder class action.

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Telstra faces $50M penalty for ‘exploiting’ Indigenous consumers
ACCC 2020-11-26 4:14 pm By Spencer Fowler Steen Melbourne

Telstra is facing the second highest penalty ever imposed under consumer law for signing up Indigenous customers to post-paid mobile plans, with the ACCC alleging the telco exploited social and cultural vulnerabilities and caused “severe” financial hardship and distress, with one customer scared they would be incarcerated for not paying up.

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Advanta patent lapses after renewal correspondence sent to departed employees
Agriculture 2020-11-25 4:29 pm By Cat Fredenburgh

Advanta Seeds has been denied more time to pay renewal fees for its patent for a hybrid plant cell after correspondence from its lawyers about the renewal was sent to employees that had left the company and the patent renewal fell through the cracks during a 2016 systems upgrade.

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ACCC says Kogan should pay $2M for misleading promotion
Anna Lord 2020-11-24 9:54 pm By Spencer Fowler Steen Melbourne

The Australian Competition and Consumer Commission is seeking $2 million in penalties against Kogan, after a judge found statements the online retailer made during a 2018 promotion were misleading and drew consumers into the company’s “marketing web”.

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Government may block GetSwift’s relocation to Canada while litigation on foot
ASIC 2020-11-24 5:50 pm By Cat Fredenburgh Melbourne

Treasurer Josh Frydenberg has indicated the government may oppose GetSwift’s bid to relocate to Canada while it’s facing a $50 million shareholder class action and ASIC enforcement proceedings, a move which a judge recently described as “not a good look”.

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Rio Tinto execs’ trial can wait until COVID-19 vaccine, court hears
Allen & Overy 2020-11-23 10:32 pm By Spencer Fowler Steen Melbourne

A former Rio Tinto executive living in the US who wants to appear in person at an upcoming trial in a case brought by ASIC says the hearing should be moved to next year when a COVID-19 vaccine will likely become available and he could travel to Australia to “mount a vital defence”.

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Judge tosses most of ACCC’s defective caravans case against Jayco
ACCC 2020-11-23 7:24 pm By Christine Caulfield Sydney

A judge has dismissed the bulk of a consumer case brought by the ACCC against caravan and campervan manufacturer Jayco Corp, finding that the regulator’s action fell short of proving allegations of unconscionable conduct.

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Peters tried to ice competitors out of frozen treats market, ACCC claims
ACCC 2020-11-20 1:36 pm By Spencer Fowler Steen Melbourne

The ACCC has taken iconic Australian ice cream company Peters to court for allegedly harming competition in the market for single serve ice cream supplied to service stations, depriving ice cream lovers of cheaper varieties of frozen treats.

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Theta hit with $2M penalty for defective product disclosure statements
ASIC 2020-11-19 9:41 pm By Cat Fredenburgh Melbourne

A court has ordered Theta Asset Management, a collapsed financial services provider that ran a property investment scheme targeting retirees, to pay a $2 million penalty for issuing defective product disclosure statements.

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FWC arbitration doesn’t doom union’s lawsuit against Airservices
Ashurst 2020-11-18 5:28 pm By Miklos Bolza Sydney

A court has ruled that an arbitration proceeding before the Fair Work Commission does not doom a Federal Court lawsuit brought by the civilian air traffic controllers union against government-owned Airservices.

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