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Norovirus class action defeats Carnival’s latest strike-out bid
Class Actions 2023-08-16 11:49 pm By Cindy Cameronne

A class action against Carnival over norovirus outbreaks on its Sun Princess cruise ship has defeated the cruise operatorā€™s second strike out bid, with a judge saying the failure to identify what exactly went wrong ā€œmay not be fatalā€ to the case.

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SkyCity may test AUSTRAC’s mettle at trial, judge says
AUSTRAC 2023-07-14 9:36 pm By Cindy Cameronne

SkyCity may be the first company to test the strength of AUSTRAC’s claims in court, according to a judge who recently said in a separate case that the regulator’s habit of agreeing to penalties could give rise to a “moral hazard”.

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Junior doctors beat back declassing bid by NSW in overtime case
Employment 2023-07-14 10:33 pm By Christine Caulfield

A junior doctor representing thousands of medical officers in NSW has thwarted an application by the state to declass her group proceeding, with a judge saying a “single determination” of the issues common to all group members was the most efficient way of resolving them.

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IAL hit with $40M penalty over unpaid NRMA loyalty discounts
Insurance 2023-06-30 4:03 pm By Christine Caulfield

A court has imposed a $40 million penalty on Insurance Australia Limited in a case by the corporate regulator alleging NRMA customers were not paid $60 million in promised loyalty discounts.

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Sanofi defeats government’s $325M appeal over generic Plavix ban
Intellectual Property 2023-06-26 4:00 pm By Cindy Cameronne

Drug maker Sanofi-Aventis is not liable for the federal governmentā€™s losses for excess subsidies paid for the blood-thinner Plavix after an allegedly unjustified court injunction prevented the release of a generic version of the blockbuster drug, an appeals court has found.

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Google says competition class action claims ‘make no sense’
Class Actions 2023-05-12 9:14 pm By Sam Matthews

Google has denied class action that it distorted competition in the app marketplace and left consumers paying higher prices, pointing out in its defence there are alternative app stores on its Android platform.

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Insurance Australia agrees to $40M penalty in ‘very serious’ case over unpaid discounts
Insurance 2023-05-11 4:57 pm By Cindy Cameronne

Insurance Australia has agreed to pay a $40 million penalty in a case by the Australian Securities and Investments Commission alleging it short-changed NRMA customers a staggering $60 million in promised loyalty discounts.Ā 

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In class action defence, Apple says App Store commissions the price to pay for innovation
Competition & Consumer Protection 2023-05-05 3:16 pm By Sam Matthews

Apple has denied it engaged in anti-competitive conduct in operating its App Store in a class action brought over allegedly inflated commissions on certain apps and in-app purchases.

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ANZ, Citigroup execs defend book coverage despite receding demand in $2.5B capital raising
Trials 2023-04-27 11:57 pm By Sam Matthews

Two executives involved in ANZā€™s $2.5 billion equity capital raising have stood by arguments that the book was covered when the bankā€™s underwriters took up $750 million of the shares, despite ASICā€™s allegations of ā€œreceding demandā€ on the day of the placement.

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‘The book was covered’: ANZ fights ‘entirely novel’ ASIC case over $2.5B share placement
Trials 2023-04-26 11:18 pm By Sam Matthews

ANZ has told a court it had no obligation to disclose a $750M bailout by the underwriters of a $2.5B equity capital raising in 2015, in ASIC’s case alleging the bank breached its continuous disclosure obligations by failing to alert the market to the bailout.

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