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ACCC rejects Google undertaking to seal $3B Fitbit deal
Competition & Consumer Protection 2020-12-22 9:30 am By Cat Fredenburgh

The Australian Competition and Consumer Commission has rejected a behavioural undertaking from Google intended to assuage the regulator’s competition concerns about its planned $3 billion acquisition of fitness device company Fitbit, saying it would be challenging to monitor and enforce.

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Class action accuses NSW Health of underpaying 10,000 junior doctors
Employment 2020-12-21 9:20 pm By Spencer Fowler Steen

Two law firms have launched a class action against NSW Health on behalf of over 10,000 junior doctors for its alleged failure to pay overtime hours.

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Hotel quarantine, aged care reports boost class actions, lawyer says
COVID-19 2020-12-21 8:52 pm By Miklos Bolza

Reports exposing serious government and healthcare failures amid Victoria’s second COVID-19 wave have strengthened the claims in class actions against the Andrews government and two aged care providers, according to the law firm behind the cases.

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Lorna Jane faces ACCC action over anti-virus activewear claims
Competition & Consumer Protection 2020-12-21 3:58 pm By Spencer Fowler Steen

The ACCC has taken legal action against women’s activewear company Lorna Jane for allegedly representing to consumers during the height of the coronavirus pandemic in Australia that its anti-virus activewear would protect them from viruses, including COVID-19.

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Full Court ruling clarifies cover in business interruption insurance case
COVID-19 2020-12-21 3:45 pm By Christine Caulfield

The Full Federal Court has issued a mixed bag ruling in a business interruption insurance dispute between Suncorp subsidiary Vero Insurance and a Melbourne cafƩ and restaurant, which sought indemnity for losses incurred during the COVID-19 lockdowns.

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Training company AIPE on hook for $139M in compensation in ACCC case
Competition & Consumer Protection 2020-12-21 1:44 pm By Christine Caulfield

A judge has found a NSW training company is liable to pay $139 million for over 12,000 students who racked up VET FEE-HELP debts but failed to complete their courses due to an “unconscionable” enrolment system.

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Settlements in investor class actions against financial advisory firm get court OK
Class Actions 2020-12-21 1:39 pm By Christine Caulfield

A judge has signed off on settlements in two class actions against a defunct Sydney-based financial advisory firm by a group of Chinese investors over a property investment and visa scheme that allegedly saw group members lose $30 million in funds.

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J&J ordered to pay $40M in pelvic mesh class action costs as stay bid tossed by court
Product Liability 2020-12-21 1:03 pm By Christine Caulfield

A unit of Johnson & Johnson has been ordered to pay around $40 million in legal costs to the lead applicants in a class action over pelvic mesh implants after a judge dismissed the company’s bid to stay the costs until after a high profile appeal is heard next year.

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Class action against NAB over MySuper not validly commenced, court finds
Class Actions 2020-12-21 12:58 pm By Miklos Bolza

A class action filed by Maurice Blackburn against NAB units MLC and NULIS was invalidly commenced thanks to a carve out in the Supreme Court Act that bars class actions involving trust property, the Victoria Supreme Court has found.

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High Court asked to hear $10B COVID-19 business interruption case
Insurance 2020-12-18 10:55 pm By Christine Caulfield

The Insurance Council of Australia has asked the High Court to weigh in on its case against COVID-19 related claims in business interruption policies, following its high stakes loss in a ruling last month that found an infectious disease exclusion did not apply.

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