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Jury finds Country Care not guilty in first criminal cartel case against Australian biz
Trials 2021-06-02 3:00 pm By Christine Caulfield

The ACCC has suffered a stinging defeat in its criminal cartel action against mobility equipment provider Country Care, its CEO and a former employee, with a jury handing down not guilty verdicts on all eight charges in the case.

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Jump swim school hit with $23M penalty for ‘very serious’ consumer law breaches
Franchises 2021-05-20 4:47 pm By Miklos Bolza

The failed franchisor behind the Jump Swim Schools brand has been hit with a $23 million penalty for what a Federal Court judge found were “very serious” consumer law contraventions.

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Westpac gets lion’s share of proceeds from ‘anxious’ sale of collapsed fintech Sargon Group
Restructuring & Insolvency 2021-04-26 4:04 pm By Miklos Bolza

Westpac will recoup the majority of proceeds from the $29.6 million sale of collapsed fintech Sargon Group, with a judge calling the company’s liquidators “anxious sellers” who sold at speed and well below market value.

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Telco Superfone hit with $300,000 fine for ‘predatory’ telemarketing practices
Competition & Consumer Protection 2021-03-26 4:45 pm By Cindy Cameronne

A judge has ordered telecommunications reseller Superfone to pay a $300,000 penalty in proceedings brought by the ACCC for misleading customers and making unsolicited telemarketing phone calls, even though the penalty may push the company into insolvency.

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Facebook still California dreaming in legal battle with startup
Competition & Consumer Protection 2021-02-04 3:50 pm By Cat Fredenburgh

Facebook and its subsidiary Instagram are pushing for a competition dispute brought by an Australian social media startup to be heard on their home turf in the state of California.

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Trial in Country Care case faces delay as COVID-19 restrictions keep judge, lawyers in NSW
Competition & Consumer Protection 2021-01-21 1:10 pm By Spencer Fowler Steen

The jury trial in a criminal cartel case against mobility equipment provider Country Care and two employees could be delayed due to coronavirus restrictions, as a majority of the parties, located in NSW, wait for restrictions to ease in order to travel to Victoria, a court has heard.

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Facebook, Instagram waived right to arbitrate startup’s competition case
Competition & Consumer Protection 2020-12-23 6:41 pm By Cat Fredenburgh

Facebook and its subsidiary Instagram have lost a bid to shut down a lawsuit brought by an Australian social media startup, with a judge finding the digital giants relinquished their right to move the dispute to California.

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High Court asked to deal death blow to common fund orders
High Court 2020-12-07 4:57 pm By Cat Fredenburgh

Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.

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Citing dangers of ‘hypothetical postulation’, Full Court declines to answer common fund order question
Class Actions 2020-11-03 3:25 pm By Miklos Bolza

The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…

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7-Eleven says courts have no power to ever make a common fund order
Class Actions 2020-10-27 11:51 pm By Christine Caulfield

The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.

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