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Court approves $2.9M penalty against HealthEngine for misleading reviews
Competition & Consumer Protection 2020-08-20 1:20 pm By Miklos Bolza

A court has approved a $2.9 million penalty against medical booking platform HealthEngine after the company admitted to deleting and altering unfavourable reviews and misusing consumer data.

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HealthEngine urges approval of $2.9M fine, says it didn’t know altering reviews was unlawful
Competition & Consumer Protection 2020-08-10 12:05 pm By Miklos Bolza

Health booking company HealthEngine has urged the court to accept a $2.9 million penalty for deleting and altering unfavourable reviews, telling a judge that it did not know the behaviour was against the law.

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Corrs ‘mistake’ doesn’t doom ‘potentially quite significant’ evidence in Ford class action
Class Actions 2020-08-05 2:27 pm By Miklos Bolza

A judge has granted a mid-trial bid to bring in “potentially quite significant” new evidence in a class action against Ford over its allegedly defective PowerShift transmissions, finding the failure to file the material earlier was not deliberate but a “mistake” on the part of the lead applicant’s solicitors at Corrs Chambers Westgarth.

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Ford docs don’t contain trade secrets, class action judge says
Class Actions 2020-07-15 6:44 pm By Cat Fredenburgh

The judge hearing a class action trial against Ford over its allegedly defective Powershift transmission has rejected the car maker’s argument that certain documents should be suppressed because they hold trade secrets, saying Ford did not invent the 6 Sigma problem solving method on which some of the reports were based.

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Law firms set stage for Boral class action beauty parade
Class Actions 2020-07-07 9:45 pm By Cat Fredenburgh

Two law firms that filed competing shareholder class actions against construction giant Boral have asked the court to permanently stay the other’s proceeding, after the judge overseeing the matter said he might wait until the High Court’s ruling on the AMP class action beauty parade before deciding which class action should move forward.

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Barristers say virtual hearings should not become the new normal
COVID-19 2020-07-01 9:19 pm By Miklos Bolza

The courts are to be congratulated for swiftly adapting to the COVID-19 pandemic by introducing virtual hearings, but barristers told Lawyerly they were raring to get back to in-person hearings, and cited numerous disadvantages of holding complex matters online.

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Judge scolds law firms behind competing Boral class actions
Class Actions 2020-06-29 8:33 pm By Alison Eveleigh

A judge has scolded the law firms behind competing shareholder class actions against Boral for delaying progress of the proceedings, but may wait until the High Court’s ruling on the AMP class action beauty parade before deciding which of three potential class actions should move forward.

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Lead applicant breaks down during cross-examination in Ford class action trial
Class Actions 2020-06-19 4:51 pm By Miklos Bolza

The lead applicant in a class action against Ford over its allegedly defective PowerShift transmission broke down after being accused of lying under oath during a heated virtual cross-examination by the car company’s barrister.

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Ford cars fitted with PowerShift are ‘lemons’, court hears as high-stakes trial revs up
Class Actions 2020-06-15 8:27 pm By Alison Eveleigh

Tens of thousands of Ford cars which contain an allegedly defective transmission system are ā€œlemonsā€, a court heard on day one of a six-week hearing in a long-running class action against the car maker.

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Judge slams ‘deficient’ explanation behind $2.9M penalty in ACCC, HealthEngine case
Competition & Consumer Protection 2020-06-05 2:12 pm By Miklos Bolza

A penalty hearing in the ACCC’s case against health booking company HealthEngine over misleading online reviews has been adjourned after a judge criticised the parties’ joint submissions as “deficient” for failing to explain how a proposed $2.9 million penalty had been arrived at.

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