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Ultra Tune slapped with $2.6M fine for misleading franchisees, deceiving court
Competition & Consumer Protection 2019-01-18 4:25 pm By Christine Caulfield

National car repair franchise Ultra Tune has been ordered to pay a $2.6 million penalty, with a judge finding the firm had not only breached the Franchising Code and the Australian Consumer Law by misleading a prospective franchisee but also misled the court in its defence of the case brought by the consumer watchdog.

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Law firm wants to shut down class action over excessive fees
Class Actions 2019-01-18 12:58 pm By Miklos Bolza

A Queensland law firm says litigation launched by a former client alleging she and other clients were charged excessive fees should not be run as a class action.

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Judge was wrong to halt cross-examination in Octaviar class action, court hears
Appeals 2019-01-17 9:00 pm By Miklos Bolza

A judge that dismissed an investor class action against the Public Trustee of Queensland over the failure of investment firm Octaviar Group improperly intervened in the cross-examination of one of the class’ witnesses, one of the judges that will hear an appeal of the dismissal was told.

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Full Court puts injector pen patent appeal on fast track
Appeals 2019-01-17 2:03 pm By Cat Fredenburgh

The Full Federal Court has expedited an appeal filed Christmas Eve by Sanofi-Aventis of a ruling that denied its bid to block Alphapharm from listing an insulin injector pen on the Pharmaceutical Benefit Scheme.

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IP Australia challenges landmark Rokt software patent ruling
Gilbert + Tobin 2019-01-17 9:50 am By Cat Fredenburgh

IP Australia has brought a challenge to a landmark court victory for startup Rokt approving a computer software patent.

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DLA Piper sued by QC, junior barrister over $370,000 in unpaid fees
Article 2019-01-16 10:13 pm By Christine Caulfield

A Queens Counsel and a junior barrister at the Victorian Bar are taking DLA Piper to court, accusing the law firm of failing to pay more than $370,000 in fees.

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ASIC asks High Court to clarify meaning of ‘officer’
Appeals 2019-01-16 9:58 pm By Miklos Bolza

ASIC is seeking approval from the High Court to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, saying the High Court needs to clarify the scope of the word “officer” under the Corporations Act.

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NAB says customers could decide if credit card insurance was ‘worthless’
Class Actions 2019-01-16 12:01 pm By Miklos Bolza

National Australia Bank has rejected a class action’s claims that it pushed worthless credit card insurance onto its customers, saying it was up to the customers to determine the true value of the coverage.

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Opal Tower ‘structurally sound’ but flaws found in design, construction, report says
Class Actions 2019-01-15 10:40 pm By Cat Fredenburgh

The cracks that led to the evacuation of Sydney’s Opal Tower and threats of litigation have been blamed on design and construction issues, but the building is structurally sound and not in danger of collapse, according to an interim report commissioned by the NSW Government.

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VW knew about defeat software but ACCC doesn’t need to prove it, court told
Australian Government Solicitor 2019-01-15 9:25 pm By Miklos Bolza

The ACCC does not need to prove Volkswagen knew about the diesel emissions software at the heart of its action against the car giant — that’s just a factor that will magnify penalties in the case, the regulator has told a court.

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