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ASIC, NAB clash over $10M penalty exposes ‘vague status’ of concise claims, judge says
Financial Services 2023-06-06 3:53 pm By Sam Matthews

NAB has told a court it should pay a $2 million penalty — not the $10 million proposed by ASICĀ  — for engaging in unconscionable conduct by overcharging customers, saying the exact words used in the regulator’s concise statement accuse it only of a single contravention.

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Are the courts really plagued by duplicative class actions?
Analysis 2023-05-15 12:39 pm By Christine Caulfield

A fed-up judge has vented his frustration with the problem of competing class actions in a move that appears to punish the second filed case against Medibank. But is he right that the courts are increasingly being asked to deal with duplicative proceedings? And was his order really all that drastic?

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‘Plagued with competing class actions’: Judge stays latecomer Medibank case for now
Class Actions 2023-05-12 1:26 pm By Sam Matthews

A judge aggrieved by the “plague” of competing class actions in the courts has temporarily stayed a second data breach class action against Medibank, and directed the health insurer to ask the privacy commissioner to drop the investigation of a third case.

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Judge frowns on Invisalign’s lawsuit against SmileDirectClub
Competition & Consumer Protection 2023-05-08 1:08 pm By Sam Matthews

Dental aligner maker Invisalign has lost its case accusing competitor SmileDirectClub of misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits

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Mecca’s distribution agreement with lux cosmetics brand not unlawful, court finds
Contracts 2023-04-11 11:35 pm By Sam Matthews

Beauty giant Mecca has succeeded in fending off a luxury cosmetics brand’s appeal of a decision that found a term of an exclusive distribution agreement between them was not an unlawful restraint of trade.

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App store class action funder can’t see evidence in Epicā€™s case against Apple
Competition & Consumer Protection 2023-04-06 1:25 pm By Cindy Cameronne

The litigation funder bankrolling two competition class actions against Apple and Google has lost its bid to see evidence filed in a similar case by developer Epic Games, after concerns were raised about its potential use in overseas proceedings against Apple.

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Full Court finds ACCC misstepped by not bringing ā€˜major failuresā€™ case against Mazda
Appeals 2023-03-23 3:18 pm By Cindy Cameronne

The Australian Competition and Consumer Commission and Mazda have both lost their appeals in a case over the car manufacturerā€™s ā€˜appallingā€™ customer service, with three judges questioning the regulatorā€™s decisions in how it ran the case.

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Retail Food Group agrees to $10M settlement in ACCC case
Competition & Consumer Protection 2022-12-23 5:27 pm By Cat Fredenburgh

Retail Food Group has agreed to a settlement worth $10 million in ACCC proceedings alleging the franchise giant misled purchasers of loss-making stores about the viability of its stores.

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Law firm bows out of contest to run class actions against Apple, Google
Competition & Consumer Protection 2022-12-15 5:31 pm By Cindy Cameronne

A law firm has dropped plans to bring a second set of class actions alleging Apple and Google engaged in anti-competitive conduct in operating their app stores, but will act as an “agent” for the first-to-file firm.

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Court slaps Smile Direct Club with $3.5M penalty for misleading insurance claims
Competition & Consumer Protection 2022-11-11 6:12 am By Cat Fredenburgh

A judge has ordered Smile Direct Club and its Australian unit to pay a $3.5 million penalty and reimburse customers for misleading them into believing they would be reimbursed by their insurers for the dental care company’s costly teeth straighteners.

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