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Car rental company ordered to recover deleted emails in ACCC case
Competition & Consumer Protection 2019-10-17 3:51 pm By Miklos Bolza

Car rental company Australian 4WD Hire will need to take steps to recover deleted, allegedly threatening emails after a court found it had not complied with its discovery obligations in an unconscionable conduct case brought by the consumer regulator.

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Sydney Metro loses bid for Tiffany & Co chats in dispute over flagship store
Real Estate 2019-10-15 10:52 am By Miklos Bolza

High-end jewellery retailer Tiffany & Co has won its bid to block Sydney Metro from accessing privileged documents in a dispute over the compulsory acquisition of its store in Sydney’s Martin Place for the $2.7 billion Sydney Metro rail project.

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Ford class action judge considers cash security in ‘war and peace of discovery’ disputes
Class Actions 2019-10-09 5:19 pm By Amelia Birnie

The judge overseeing the long-running class action over allegedly faulty Ford PowerShift transmissions has told the applicants they might need to put up considerable cash security to cover the “war and peace of discovery” disputes, after Ford slammed the delayed request for documents as “complete and utter nonsense”.

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Nissan may face class action over Pathfinder transmission
Class Actions 2019-10-03 10:29 pm By Cat Fredenburgh

Japanese car maker Nissan is facing the threat of a class action in Australia over the continuously variable transmission in its Pathfinder sports utility vehicle, after recently settling five similar class actions in the US over the allegedly faulty transmissions.

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Melbourne council may face class action over Prahran Square re-development
Class Actions 2019-10-02 8:15 pm By Amelia Birnie

The law firm behind multiple government class actions over major construction projects, including the Sydney Light Rail proceeding, is investigating a new case against a Melbourne council after a major development allegedly left local businesses struggling to survive.

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Lawyers can advance potential new class action against Scenic Tours over disrupted European cruises
Class Actions 2019-09-27 8:20 pm By Amelia Birnie

Lawyers pursuing a class action against Scenic Tours on behalf of passengers whose European cruises were interrupted by severe flooding have been granted preliminary discovery as they weigh a second multi-million dollar class action against the company over cancellations caused by last year’s severe drought conditions.

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Landowners lose appeal over $56.5M payout for Westconnex project
Transportation & Infrastructure 2019-09-26 2:31 pm By Christine Caulfield

A group of Sydney commercial landlords whose properties were compulsorily acquired for the WestConnex project have lost an appeal seeking $56.5 million in compensation, after the Valuer-General offered them just over half that amount.

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‘A very expensive lesson’: Ultra Tune to sue former auditors, lawyers over $2M franchising penalty
Competition & Consumer Protection 2019-09-20 11:58 am By Amelia Birnie

National car repair franchise Ultra Tune is preparing negligence suits against its former lawyers and auditors, after the company on Friday won a $590,000 reduction in a $2.6 million penalty for breaches of the Franchising Code of Conduct.

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Order banning DP World workers from ‘go slow’ protests quashed by FWC’s 7.5 hour error
Employment 2019-09-19 3:54 pm By Miklos Bolza

The CFMEU has successfully challenged an interim Fair Work Commission order barring workers at stevedoring firm DP World from ‘go slow’ industrial action after an appeals panel found a commissioner had no power to make the original order because she miscalculated, by 7.5 hours, when she could make it.

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In new class action defence, Scenic Tours says passengers can’t rely on it to control weather
Class Actions 2019-09-18 3:16 pm By Miklos Bolza

A class action alleging travel agency Scenic Tours owes damages to European cruise passengers forced to take buses when heavy rain flooded waterways is still proceeding despite an impending High Court appeal, with the tour company now seeking to argue in an amended defence that class members could not reasonably rely on it to control water levels.

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