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In win for ACCC, Full Court says vulnerability not essential to proving unconscionable conduct
Appeals 2021-03-22 1:39 pm By Miklos Bolza

The Full Federal Court has ruled that unconscionable conduct under the Australian Consumer Law is not confined to exploitation of vulnerable parties, in an “extremely significant” judgment that will extend the reach of the unconscionable conduct provisions and protect a wider swathe of consumers.

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Woolworths can include details of ‘no cost’ pay review in class action notice
Employment 2021-03-12 5:33 pm By Miklos Bolza

A judge has allowed Woolworths to include details of its internal pay review processes in an opt out notice to be sent to disgruntled current and former employees who have launched a class action against the supermarket giant.

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Pelvic mesh maker Astora may make admissions in class action in light of J&J case
Product Liability 2021-02-26 2:19 pm By Miklos Bolza

Pelvic mesh device maker Astora Women’s Health is weighing whether to make admissions in a class action over allegedly defective products in light of a similar, high profile class action brought against Johnson & Johnson unit Ethicon over the devices.

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Baker McKenzie repped client for two and half years that did not exist, court told
Class Actions 2021-02-24 5:59 pm By Miklos Bolza

For two and a half years, law firm Baker McKenzie represented a client in class action litigation over allegedly defective pelvic mesh products that did not exist, a court has heard.

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$27M settlement rejected in pelvic mesh class action, group members may learn
Class Actions 2021-02-24 5:51 pm By Miklos Bolza

The rejection of a $27 million settlement offer in a class action over American Medical Systems’ pelvic mesh products may be included in a proposed opt out notice, with a judge mulling whether to inform group members about a little used law which allows one lead applicant to take over from another.

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The top litigation law firms of 2020
Feature 2021-01-27 11:21 pm By Cat Fredenburgh

Lawyerly’s Litigation Firms of 2020 delivered significant victories for clients last year in bet-the-company matters, thriving in a tumultuous year that saw courts and litigants adapt to virtual trials and other new norms that are sure to outlast the COVID-19 pandemic.

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Last stop for ACCC as High Court refuses leave to appeal Pacific National, Aurizon deal
Competition & Consumer Protection 2020-12-08 1:34 pm By Christine Caulfield

The ACCC has reached the end of the line in its challenge to Pacific National’s $205 million acquisition of Aurizon’s Acacia Ridge Terminal in Queensland, with the High Court dismissing the competition regulator’s application to take up the appeal.

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Top judge nudges ASIC, Allianz away from ‘bastardised’ pleadings in travel insurance case
Insurance 2020-11-11 3:28 pm By Spencer Fowler Steen

The Federal Court’s top judge has cautioned ASIC and insurers Allianz and AWP against presenting a “bastardised form of pleading” in the financial watchdog’s action over the alleged misleading sale of travel insurance to over 31,000 consumers.

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ASIC conflated conduct of GetSwift founders, court told
Securities 2020-09-30 9:39 pm By Christine Caulfield

ASIC’s case against GetSwift and its founders Joel Macdonald and Bane Hunter makes accusations against both directors but relies on alleged conduct by only Hunter, a lawyer for Macdonald has told a court on the last day of trial in the corporate regulator’s case.

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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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