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Mazda’s conduct not just ‘appalling customer service’ but unconscionable, ACCC says
Competition & Consumer Protection 2022-08-02 11:37 pm By Christine Caulfield

A judge was wrong to find that Mazda’s treatment of customers with faulty vehicles was appalling but not unconscionable, and nowhere in his ruling is there an explanation for the distinction, the consumer regulator has told an appeals court.

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ASIC can’t access PwC report at centre of privilege fight with Terracom
Energy & Natural Resources 2022-06-28 11:10 pm By Christine Caulfield

A judge has rejected a bid by the corporate regulator to access an unredacted PricewaterhouseCoopers report commissioned by coal miner TerraCom ahead of a challenge to a decision that cleared the way for the regulator to eye the document as part of an investigation.

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‘Where are our rights?’: ASIC wants to be heard in privilege row over PwC report
Energy & Natural Resources 2022-06-27 2:57 pm By Sam Matthews

ASIC has renewed its bid to see a PricewaterhouseCoopers report commissioned by TerraCom in order to defend the coal mining company’s appeal of a judgment that found the regulator could view the report because of public statements made by the company.

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7-Eleven class action funder wins first-ever interim payment from settlement
Class Actions 2022-06-17 4:24 pm By Cindy Cameronne

A judge has granted a litigation funder for two franchisee class actions against 7-Eleven an interim payment to cover its costs ahead of a ruling on how much it can pocket from a $98 million settlement.

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7-Eleven class action law firm’s billing practice ‘troubling’, court hears
Class Actions 2022-05-13 9:46 pm By Cindy Cameronne

A judge overseeing two franchisee class actions against 7-Eleven that settled for $98 million has been urged to cut the payout to the law firm running the cases because it had a “troubling” practice of deferring its fees.

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ASIC’s contempt case against Mayfair’s Mawhinney paused pending ban challenge
Financial Services 2022-05-04 10:44 am By Christine Caulfield

A judge has ordered a temporary stay of ASIC’s case accusing Mayfair 101 director James Mawhinney of contempt for breaching a 20-year ban.

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ASIC loses waiver argument over privileged docs in case against REST
Competition & Consumer Protection 2022-04-29 2:18 pm By Sam Matthews

A judge has panned ASIC’s bid to discover a wide range of privileged communications between super fund REST and various legal advisers, finding the regulator used a “very wide net” to catch nothing at all.

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7-Eleven class action judge urged to accept lawyer’s word on deferred fees claim
Class Actions 2022-04-22 10:47 pm By Christine Caulfield

No evidence was produced of a deferred fee arrangement between the law firm and funder backing franchise class actions against 7-Eleven, and the “unequivocal” denial by the solicitor running the cases should be accepted, a court has heard.

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ACCC appeals ruling over Mazda’s ‘appalling’ customer service
Appeals 2022-04-14 9:42 pm By Cindy Cameronne

The consumer watchdog is challenging a court ruling that found Mazda’s treatment of customers with defective vehicles was “appalling” but did not amount to unconscionable conduct.

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Court to probe if 7-Eleven class action funder, law firm had deferred fee arrangement
Class Actions 2022-04-06 11:50 pm By Christine Caulfield

A marathon hearing of an application for court approval of a $98 million settlement in two 7-Eleven class actions has ended with a judge taking the rare step of signing off on the settlement amount while withholding approval of the legal costs and funding commission.

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