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Mazda gave buyers of defective vehicles the ‘run around’, ACCC says
Competition & Consumer Protection 2019-10-31 1:53 pm By Cat Fredenburgh

Japanese auto maker Mazda is facing regulatory action from the Australian Competition and Consumer Commission for allegedly refusing to provide purchasers of defective vehicles with a full refund or no-cost replacement, amid a continuing threat of a possible class action over alleged defects in certain vehicles.

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In watershed Google case, ACCC faces familiar challenge
Analysis 2019-10-30 11:22 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission’s high-stakes case against Google is the first of its kind worldwide targeting the tech giant’s data collection practices. The ACCC is in familiar territory in bringing a front-page legal challenge under the consumer laws that will require it to prove misleading conduct by silence, but if recent losses by the regulator are any guide, it could face an uphill battle.

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Litigation funder throws off lawsuit seeking cut of $5M class action fee
Business of Law 2019-10-29 4:07 pm By Cat Fredenburgh

Lawfinance, formerly known as Just Kapital, has won summary dismissal of a lawsuit initiated by its founder seeking a piece of the funder’s $5 million cut of the $16.85 million Wickham securities class action settlement.

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ACCC takes first shot at Google with location data lawsuit
Competition & Consumer Protection 2019-10-29 1:27 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has filed its first lawsuit against Google in the wake of its blistering digital platforms report, alleging the search giant misled users of its Android mobile devices about the collection and use of their location data.

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Corrs Chambers Westgarth subpoena set aside in Rinehart family feud
Energy & Natural Resources 2019-10-28 9:37 pm By Cat Fredenburgh

A subpoena issued by the daughter of mining magnate Gina Rinehart seeking documents from Corrs Chambers Westgarth, the law firm representing her mother’s company, has been set aside by a judge, who found the material had no forensic purpose in the family’s long-running fight over a $5 billion trust.

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ASIC hits IOOF with extra licence conditions to combat conflicts
Financial Services 2019-10-28 2:38 pm By Cat Fredenburgh

The corporate regulator has imposed additional licence conditions on wealth manager IOOF to combat conflicts of interest in the group’s business structure revealed by the banking royal commission.

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ASIC wins appeal in Westpac ‘personal advice’ case
Appeals 2019-10-28 2:06 pm By Cat Fredenburgh

The Full Federal Court has handed the Australian Securities and Investments Commission a win in a high-stakes appeal over what constitutes personal advice under financial services laws, finding Westpac violated its duty to act in its customers best interests through a superannuation rollover campaign.

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a2 Milk looks to turn trade mark losses around in Federal Court
Intellectual Property 2019-10-28 10:54 am By Cat Fredenburgh

The a2 Milk Company has filed a challenge to a competitor’s winning bid to trade mark a phrase containing “a2”, its third lawsuit in Federal Court looking to reverse losses before the Trade Marks Office. 

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Monster Energy fights removal of ‘mother’ trade mark
Intellectual Property 2019-10-25 5:37 pm By Cat Fredenburgh

Beverage giant Monster Energy has launched a Federal Court challenge to the removal of its ‘mother loaded iced coffee’ trade mark, part of a portfolio of Mother energy drink-related marks acquired from Coca Cola in 2015.

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Group members expected to get half of $16.5M Forge class action settlement
Class Actions 2019-10-25 12:46 pm By Cat Fredenburgh

The law firm and funder behind a class action against collapsed engineering and construction company Forge Group, former directors and their insurers, which has now settled for $16.5 million, have proposed cuts that would see $8.25 million left over for distribution to group members.

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