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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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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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Developers added to Apple, Google class actions despite conflict concerns
Class Actions 2023-03-23 4:38 pm By Cindy Cameronne

App developers can be added as group members in class actions against Apple and Google alleging they engaged in anti-competitive conduct in operating their app stores, despite Appleā€™s concerns that the law firm running the case will owe conflicting duties.Ā 

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7-Eleven loses appeal of $595,000 judgment for misleading franchisee
Franchises 2023-03-10 2:48 pm By Cindy Cameronne

Convenience store giant 7-Eleven has lost its appeal of a $595,000 judgment handed down after a court found a franchisee signed a franchise agreement and invested almost $796,000 into a Melbourne store under false pretences.

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The top litigation law firms of 2022
Litigation Law Firms of the Year 2023-03-03 6:35 am By Cat Fredenburgh

Lawyerly’s Litigation Law Firms of 2022 racked up precedent-setting victories in a year that continued to see major developments in class action law.

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Full Court urged to toss ASICā€™s ā€˜fatalā€™ appeal in CBA conflicted remuneration case
Financial Services 2023-02-22 5:46 pm By Cindy Cameronne

The Commonwealth Bank of Australia has urged the Full Court to toss ASIC’s challenge to a decision dismissing its conflicted remuneration case over the bankā€™s sale of its Essential Super product, saying the appeal suffered from ā€œfatalā€ flaws.

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GetSwift hit with $15M penalty in ASIC action over misleading announcements
Securities 2023-02-16 3:39 pm By Sam Matthews

GetSwift has been hit with a $15M penalty and several of its directors have been slapped with substantial penalties after the company was found to have misled shareholders in breach of the Corporations Act.

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Judge asks GetSwift GC why he didn’t call out directors for being ‘bullies’
Securities 2023-01-31 8:05 pm By Cindy Cameronne

A judge has grilled the former general counsel of defunct logistics company GetSwift about why he did not confront the company’s directors for ā€œbullyingā€ other executives when they raised concerns about alleged continuous disclosure breaches.

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ASIC appeals loss in conflicted remuneration case against CBA
Financial Services 2022-10-26 5:18 pm By Cindy Cameronne

The Australian Securities and Investments Commission has filed an appeal after a judge dismissed its case alleging the Commonwealth Bank of Australia accepted conflicted remuneration through the sale of its Essential Super product, finding it was ā€œmisconceivedā€.

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CBA defeats ‘misconceived’ ASIC conflicted remuneration case
Financial Services 2022-09-29 11:11 am By Sam Matthews

The Australian Securities and Investments Commission has suffered a defeat in proceedings alleging the Commonwealth Bank of Australia accepted conflicted remuneration through the sale of its Essential Super product, with a judge finding the regulator “ignored the circumstances” in which the product was distributed.

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