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Tandem gets OK to file rare class action cross-claims against group members
Class Actions 2021-02-09 3:31 pm By Miklos Bolza

A judge has allowed a unit of recruitment firm Tandem to file cross-claims against individual group members in an underpayment class action, in a rare move that may spark important changes in representative proceedings.

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Mobile retailer TeleChoice faces class action over contract spat with Optus
Class Actions 2021-02-08 6:58 pm By Miklos Bolza

A class action by franchisees against mobile and internet retailer TeleChoice will return to the Victoria Supreme Court next week as group members seek commissions they allege have been withheld while the company battles separate litigation against Optus.

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Tandem unit’s bid to shut down sham contracting class action fails again
Employment 2020-11-30 2:02 pm By Christine Caulfield

A unit of telecommunications contractor Tandem has lost an appeal in its fight over the validity of a sham contracting class action by technicians alleging they were misclassified as contractors and wrongly denied benefits.

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Telstra faces $50M penalty for ‘exploiting’ Indigenous consumers
Competition & Consumer Protection 2020-11-26 4:14 pm By Spencer Fowler Steen

Telstra is facing the second highest penalty ever imposed under consumer law for signing up Indigenous customers to post-paid mobile plans, with the ACCC alleging the telco exploited social and cultural vulnerabilities and caused “severe” financial hardship and distress, with one customer scared they would be incarcerated for not paying up.

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Councils win appeal over Telstra smart payphone installation
Telecommunications 2020-11-20 5:25 pm By Spencer Fowler Steen

Telstra has lost an appeal in a case brought by Melbourne, Sydney and Brisbane city councils over a planned upgrade of its payphone network across Australia, with an appeals court pointing to an “apparent paradox” in the telco’s claim it did not need planning permits to install its next generation digital phone booths.

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‘Strained and fanciful’: Court tosses Telstra suit over Optus’ ‘more than ever before’ ads
Competition & Consumer Protection 2020-09-25 1:52 pm By Cat Fredenburgh

Telstra has suffered a defeat in its lawsuit accusing competitor Singtel Optus of violating consumer laws with ads claiming it is “covering more of Australia than ever before”, with a judge calling Telstra’s allegations that the ads implied a comparison with other telcos “strained and fanciful”.

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Battle over counterclaims against group members could change class action landscape
Class Actions 2020-09-21 2:05 pm By Miklos Bolza

An upcoming legal battle over whether counterclaims can be brought against non-party group members in a class action against a unit of recruiter Tandem could hamper bookbuilding efforts by making class actions less attractive to group members, an expert has told Lawyerly.

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Fight brewing over whether group members can face cross-claims in Tandem class action
Class Actions 2020-09-14 4:07 pm By Miklos Bolza

A subsidiary of workforce management company Tandem, which contracts with Telstra and Optus, has foreshadowed future cross-claims against group members who claim they were misclassified as contractors and denied employment benefits.

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Foxtel, Optus contractor criticises ‘opportunistic’ new sham contracting class action
Class Actions 2020-08-10 4:16 pm By Miklos Bolza

Communications and technical services company BSA Limited has slammed as “opportunistic” an employment class action by allegedly underpaid technicians, saying the media was informed of the proceedings before it was.

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Hytera can’t ‘repackage’ deputy director as lay witness to avoid evidence rules on relevance
Intellectual Property 2020-08-06 3:39 pm By Miklos Bolza

A judge has found that Hytera Communications cannot “repackage” evidence given by one of its deputy directors to avoid rules about opinion evidence while defending a copyright infringement case by Motorola Solutions.

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