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ACCC won’t appeal loss in challenge to $4.9B ANZ, Suncorp merger
Competition & Consumer Protection 2024-03-05 9:52 pm By Cat Fredenburgh

The competition regulator will not appeal a tribunal ruling that set aside its decision to block the $4.9 billion merger between ANZ and Suncorp, but promised it will continue to scrutinise the banking industry.

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Sofronoff inquiry into Lehrmann prosecution gave rise to appearance of bias, court finds
Appeals 2024-03-04 2:51 pm By Cindy Cameronne

The former director of public prosecutions in the ACT, Shane Drumgold SC, has largely succeeded in his challenge against an inquiry into the prosecution of Brittany Higgins’ assault claims against Bruce Lehrmann, with a judge finding the inquiry’s report gave rise to an apprehension of bias.

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OAIC’s decision to refuse second Optus class action complaint quashed
Privacy & Cybersecurity 2024-03-04 10:11 pm By Sam Matthews

A judge has quashed the OAIC’s decision to reject a second class action-style complaint filed over the massive Optus data breach, finding the Privacy Act does not bar second-in-time proceedings. 

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Afterpay can’t block iSignthis from trade marking ‘Clearpay’ for ASX rival
Intellectual Property 2024-03-04 10:13 pm By Cat Fredenburgh

Afterpay has failed to block fintech iSignthis from registering ‘Clearpay’ as a trade mark for its blockchain-based trading system, with an IP Australia delegate finding Afterpay had failed to prove it used ‘Clearpay’ for its buy now, pay later services outside of the UK.

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Hells Angels wins $100 in damages for Redbubble’s trade mark infringement
Intellectual Property 2024-03-04 10:59 pm By Sam Matthews

Online marketplace Redbubble has succeeded on appeal in cutting down the damages it owes to Hells Angels from over $78,000 to just $100, following a finding that it violated the motorcycle group’s trade marks.

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ACCC takes Noni B owner to court over delivery time promises
Competition & Consumer Protection 2024-03-04 2:26 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has brought proceedings against fashion retailer Mosaic Brands Limited, alleging it failed to deliver several hundred thousand products to customers within advertised time frames.

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Judge says international passengers can board Scenic Tours class action
Class Actions 2024-03-01 4:45 pm By Sam Matthews

A judge has rejected Scenic Tours’ bid to declass a second class action brought by disappointed passengers on a series of European cruises and exclude international customers from the proceeding.

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Ultra Tune found guilty of contempt, hit with record $1.5M fine
Competition & Consumer Protection 2024-03-01 9:27 am By Cindy Cameronne

A judge has handed Ultra Tune a $1.5 million fine for contempt, saying the car repair franchise failed to meet the requirements of a court-ordered compliance program, instituted after the company copped a $2 million fine for contravening its disclosure obligations to franchisees.

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Slater & Gordon can delay fight over security in shareholder class action
Class Actions 2024-03-01 5:51 pm By Sam Matthews

A judge has allowed Slater & Gordon to adjourn a fight about security for costs in a shareholder class action against Beach Energy until it has more favourable evidence of its debt financing position, over the energy company’s objection to the “doctrinally unprecedented” application.

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Law firm wins 30% contingency fee rate in IAG shareholder class action
Class Actions 2024-02-29 11:50 pm By Christine Caulfield

The law firm behind a class action against Insurance Australia Group has secured a group costs order that will give it 30 per cent of any proceeds — a contingency fee rate six percentage points higher than the median rate for shareholder cases.

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