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VW knew about defeat software but ACCC doesn’t need to prove it, court told
Competition & Consumer Protection 2019-01-15 9:25 pm By Miklos Bolza

The ACCC does not need to prove Volkswagen knew about the diesel emissions software at the heart of its action against the car giant — that’s just a factor that will magnify penalties in the case, the regulator has told a court.

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Railtrain recklessly misled vocational trainees, union tells court
Employment 2019-01-14 4:34 pm By Miklos Bolza

Vocational training firm Railtrain knowingly and recklessly misled trainees about their rights to be paid as employees, according to an amended court filing by the Rail, Tram, and Bus Industry Union.

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Class has another go at unconscionable conduct claim in Ford PowerShift case
Class Actions 2019-01-07 9:15 pm By Miklos Bolza

The applicant in a class action against Ford over allegedly defective PowerShift transmissions has taken another stab at bringing an unconscionable conduct claim, after the judge overseeing the case panned an earlier pleading as “problematic”.

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Pitcher Partners fined $5.6M for concealing botched accounting
Financial Services 2019-01-07 8:37 pm By Miklos Bolza

Accounting firm Pitcher Partners has been ordered to pay more than $5.6 million in damages for fraudulently concealing an amortisation error that caused a well-known bus operator to face higher than expected costs in a NSW transport tender.

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NSW Ports pans ACCC for ‘vague’ competition case
Competition & Consumer Protection 2018-12-20 2:40 pm By Miklos Bolza

NSW Ports has criticised the Australian Competition and Consumer Commission for expecting the company to file a defence to the regulator’s allegations of anti-competitive conduct from a concise statement it panned as “vague”.

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Jetstar agrees to $1.95M penalty over misleading refunds policy
Competition & Consumer Protection 2018-12-17 3:12 pm By Miklos Bolza

Jetstar Airways has agreed to pay a $1.95 million penalty and admitted to making false and misleading representations about customer eligibility for refunds on cancelled flights, in breach of the Australian Consumer Law.

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Takata air bag class actions can claim car makers’ silence was deceptive
Class Actions 2018-12-12 10:05 pm By Miklos Bolza

Seven class actions against auto makers that sold cars equipped with defective Takata airbags can allege the car makers’ silence constituted misleading and deceptive conduct.

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Penalties in VW class actions could be ‘horrendous’, judge says
Class Actions 2018-12-12 5:35 pm By Miklos Bolza

A judge has expressed skepticism of Bannister Law’s plan to hire powerhouse US lawyer Kenneth Feinberg, who oversaw the September 11th victims compensation and BP oil spill funds, to mediate class actions against Volkwagen over its emissions cheating scandal, saying the car maker had shown no interest in settling despite the risk of “horrendous” penalties.

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ACCC launches competition case against NSW Ports over 50-year deal with state
Competition & Consumer Protection 2018-12-10 10:34 am By Christine Caulfield

The competition watchdog is taking NSW Ports to court alleging a 50-year agreement with the state, signed when Port Botany and Port Kembla were privatised five years ago, was anti-competitive.

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Contractors may be dragged into Sydney light rail class action
Class Actions 2018-12-07 10:09 pm By Miklos Bolza

The NSW Government is mulling cross-claims against construction firms ALTRAC and Acciona in a class action alleging the government failed to minimise disruptions from the Sydney light rail project.

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