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Car dealer software supplier Pentana accused of misusing market power
Competition & Consumer Protection 2022-11-14 11:50 pm By Christine Caulfield

Titan DMS, which provides software to car dealers across Australia, has expanded cross claims in a legal dispute with leading competitor Pentana Solutions, alleging the rival engaged in misuse of market power by threatening dealers who want to switch providers.

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KPMG dodges ‘very late’ claims in Gunns class action
Class Actions 2022-11-14 10:53 pm By Cat Fredenburgh

A class action against KPMG over the failure of six managed investment schemes for eucalyptus wood in Tasmania can’t add new claims against the accounting firm three months out from trial.

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Novartis, Pharmacor resolve suit over Gilenya patents
Intellectual Property 2022-11-14 1:42 pm By Cat Fredenburgh

Novartis and and generic drug maker Pharmacor have resolved litigation over the Swiss pharmaceutical giant’s patents for blockbuster MS drug Gilenya.

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High Court to hear Zurich appeal over NZ apartment class action
High Court 2022-11-11 5:16 pm By Sam Matthews

The High Court has granted special leave to Irish insurer Zurich to challenge a decision allowing a class action over an allegedly defective New Zealand apartment block to proceed in the NSW Supreme Court.

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Funder’s $13.2M cut is 26% of Opal Tower class action settlement
Class Actions 2022-11-11 11:00 pm By Cindy Cameronne

The litigation funder bankrolling a class action on behalf of 383 apartment owners in Sydney’s troubled Opal Tower is seeking a 26 per cent commission totalling $13.2 million of the confidential settlement sum, a court has heard. 

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Telcos hit with $33.5M in penalties over NBN speed claims
Telecommunications 2022-11-11 1:02 pm By Sam Matthews

A judge has hit Optus, Telstra, and TPG with a total of $33.5 million in penalties for misleading thousands of NBN customers into paying for internet speeds that could not be achieved.

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Court slaps Smile Direct Club with $3.5M penalty for misleading insurance claims
Competition & Consumer Protection 2022-11-11 6:12 am By Cat Fredenburgh

A judge has ordered Smile Direct Club and its Australian unit to pay a $3.5 million penalty and reimburse customers for misleading them into believing they would be reimbursed by their insurers for the dental care company’s costly teeth straighteners.

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High Court won’t hear Gatto bid to revive defamation case against ABC
Defamation 2022-11-11 7:23 am By Cat Fredenburgh

The High Court has rejected a special leave application by underworld figure Mick Gatto seeking to revive defamation claims against the ABC over an article which he said accused him of threatening to kill gangland lawyer Nicola Gobbo.

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Law firm can’t recover costs of work by own solicitors, court finds
Business of Law 2022-11-10 10:37 pm By Cindy Cameronne

Following the lead of its Victorian counterpart, the NSW Supreme Court has found that law firm Atanaskovic Hartnell cannot recover costs in self-represented litigation against a former client over unpaid legal invoices.

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Court urged to impose $15M penalty against Telstra over NBN speed claims
Competition & Consumer Protection 2022-11-10 4:44 pm By Sam Matthews

Telstra has agreed to pay a $15 million penalty for misleading thousands of NBN customers about internet plan speeds, a sum which will bring the telco’s bill for consumer law violations since 2018 up to $75 million, if approved.

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