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Judge doubts Scenic Tours’ de-classing bid in cruise class action
Class Actions 2023-03-06 6:04 pm By Cindy Cameronne

A judge has questioned a bid by cruise operator Scenic Tours to water down a class action brought over a series of European cruises that went ahead in 2018 despite a record-breaking drought that saw river levels drop so low they became impassable.

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‘Court is not a place for their sport’: Judge slams stoush between funder, class action applicant
Class Actions 2023-03-03 9:59 pm By Cindy Cameronne

A judge has ordered a litigation funder and the lead applicant in a settled class action to personally mediate a stoush over expenses, saying he doubted the applicant’s $1.2 million claim and said the court is “not a place for their sport”.

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Firm’s contingency fee re-do wins over judge in class actions against banks
Class Actions 2023-03-03 5:50 pm By Cindy Cameronne

A law firm has won its second bid for a group costs order in three class actions against banks over flexible commission schemes after a judge in 2021 rejected what was then the first-ever application for a contingency fee.

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Facing journalist’s discrimination suit, Ten says sexist culture not unlawful
Employment 2023-03-03 6:28 pm By Cindy Cameronne

Network Ten has fired back at journalist Tegan George’s reworked sex discrimination case, claiming that its alleged failure to prevent a “sexually hostile, demeaning and oppressive” culture was not unlawful under the Fair Work Act.

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Gunns class action settles with KPMG, former directors
Class Actions 2023-03-02 10:57 pm By Cindy Cameronne

A class action against KPMG and nine former Gunns Plantations directors over the failure of six managed investment schemes for eucalyptus wood in Tasmania has settled for a confidential amount, with a judge poised to approve the deal.

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Ultra Tune boss seen instructing lawyer in criminal case, not incapacitated, judge says
ACCC 2023-03-02 3:23 pm By Cindy Cameronne

Ultra Tune has failed to prove its managing director is mentally incapacitated and unable to give evidence at a sentencing hearing for contempt of court after he was seen earlier this week attending a hearing in a criminal case on charges of stalking his ex-girlfriend.

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Boost Mobile sues Optus for ‘flagrant’ trade mark infringement
Intellectual Property 2023-03-01 4:40 pm By Cindy Cameronne

Boost Mobile has sued telecommunications giant Singtel Optus, alleging it “misappropriated” its goodwill by marketing services under a similar product name after Boost chose to move its mobile network to Telstra.

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ASIC files first-ever action over whistleblower breaches against TerraCom
Employment 2023-03-01 1:19 pm By Cindy Cameronne

The Australian Securities and Investments Commission has brought its first-ever case alleging breach of whistleblower protections against coal producer TerraCom, claiming it made misleading statements to the market that damaged a whistleblower’s reputation.

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Fitbit says ACCC must show why 45-day refund limit is not reasonable
Competition & Consumer Protection 2023-03-01 4:20 pm By Cindy Cameronne

Google-owned Fitbit has denied ACCC allegations it misled consumers about their rights concerning faulty devices, and has challenged the regulator on its claim that it was obligated to refund customers who did not raise a complaint within 45 days of purchase or shipment.

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In Jaguar Land Rover class action contest, ‘innovative’ funding model challenged
Automotive 2023-02-28 5:23 pm By Cindy Cameronne

A law firm has questioned an “innovative” funding model proposed by its rival in a contest to run a class action against Jaguar Land Rover over allegedly defective diesel filters in its vehicles.

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