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Murray Goulburn class action judge considered revisiting case in light of Banksia scandal
Class Actions 2020-09-29 11:56 pm By Christine Caulfield

The judge overseeing a settled class action against Murray Goulburn, which earned millions of dollars for the same legal team accused of serious misconduct in the running of the Banksia class action, invited the parties last month to reopen the case, concerned he had been misled when approving the lawyers’ costs.

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Full Court trashes ACCC appeal over Woolworths ‘eco’ picnic products
Competition & Consumer Protection 2020-09-29 7:03 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has lost its appeal of a ruling that found Woolworths’ environmental claims for its ‘Select Eco’ line of compostable plates, bowls and cutlery were accurate, not false and misleading.

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Google fires back at ACCC data collection suit, says it sought ‘explicit consent in plain terms’
Competition & Consumer Protection 2020-09-29 4:51 pm By Miklos Bolza

Google has rejected claims by the ACCC that it tricked consumers into agreeing to expanded collection of their personal data, saying that it instead sought “explicit consent” from users through an “easy-to-understand opt-in consent mechanism”.

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Proportionality no basis to deny fees in $7M QRxPharma class action settlement, judge says
Class Actions 2020-09-29 3:12 pm By Miklos Bolza

A judge has approved a $7 million settlement in a class action against the directors of pharmaceutical company QRxPharma, only a third of which will go to group members, saying proportionality was not a basis for rejecting fees that were otherwise fair and reasonable.

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Full Federal Court to rule on common fund order question in 7-Eleven class actions
Class Actions 2020-09-29 2:47 pm By Miklos Bolza

The Full Federal Court will weigh in on whether common fund orders can be made at settlement in two class actions against 7-Eleven, with a hearing scheduled for the same day the NSW Court of Appeal will hear arguments on the unresolved issue.

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Facebook tries again to dodge privacy lawsuit in Australia
Privacy & Cybersecurity 2020-09-29 1:04 pm By Cat Fredenburgh

Facebook will press on with its argument that it can’t be sued in Australia by the country’s privacy commissioner for alleged disclosure of users’ personal data, after a judge found there was enough evidence the social media giant conducted business in the country by installing and operating cookies on the devices of Australia users.

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Court challenge still on despite Victoria’s decision to lift curfew
COVID-19 2020-09-28 8:03 pm By Miklos Bolza

A case by restaurant owner and Liberal Party member Michelle Loielo challenging Victoria’s COVID-19 curfew is continuing despite an announcement by the Andrews government scrapping the curfew on Sunday night.

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Designer hit with indemnity costs for bikini trade mark suit that ‘cried out to be settled’
Intellectual Property 2020-09-28 4:21 pm By Christine Caulfield

Women’s fashion designer Pinnacle Runway must pay indemnity costs for pursuing what a judge has described as an “ill-advised” trade mark infringement lawsuit against a rival that “cried out to be settled”.

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Insurers slam The Star’s ‘misconceived’ COVID-19 coverage case
Insurance 2020-09-28 2:51 pm By Christine Caulfield

COVID-19 was clearly excluded from the business interruption insurance policy taken out by The Star, and a lawsuit seeking coverage for economic loss resulting from the pandemic was “misconceived”, a group of insurers has said.

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ASIC wins travel ban against advisor accused of impersonating clients for early super release
Financial Services 2020-09-28 1:36 pm By Christine Caulfield

The corporate regulator has secured temporary restraining orders against a financial advisor who is accused of impersonating clients to obtain early release of their superannuation funds and pocket a substantial fee for the service.

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