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Five years in, Meta goes on offensive in competition case by social media start-up
Competition & Consumer Protection 2024-06-27 11:15 pm By Sam Matthews

Five years after it was first hit with a competition case by Dialogue Consulting, Meta has filed a cross-claim against the Melbourne social media company, alleging it collects and stores Instagram user login credentials and instructs clients to provide inaccurate information to the platform.

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Google attacked for ‘untruthful evidence’, failure to call top execs in Epic Games trial
Trials 2024-06-25 11:55 pm By Sam Matthews

Epic Games has taken aim at Google for the ā€œuntruthful evidenceā€ of its witnesses in the game maker’s competition case against the tech giant, as well as its failure to call senior executives to the stand to defend itself.Ā 

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No docs, no Tim Cook: Epic Games assails Apple’s ‘contrived’ defence in trial’s closing arguments
Trials 2024-06-24 11:11 pm By Sam Matthews

Video game maker Epic Games has attacked as “entirely contrived” the defence by Apple in closing submissions in a Federal Court trial of its landmark competition case, pointing to the tech giant’s lack of evidence, including from CEO Tim Cook.

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Judge mulls joint trial of ACMA case, class action against Optus
Privacy & Cybersecurity 2024-06-14 3:35 pm By Sam Matthews

A judge overseeing several cases against Optus over a September 2022 data breach has raised the possibility of hearing a class action against the telco alongside new proceedings brought by the Australian Communications and Media Authority.

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What’s unjust about them? Full Court appears open to contingency fees for class action lawyers
Class Actions 2024-05-28 11:53 pm By Cindy Cameronne

Hearing arguments Tuesday on whether lawyers should be permitted to earn contingency fees in Federal Court class actions, judges on a Full Court bench appeared to lean in favour of allowing so-called solicitors’ common fund orders, rejecting claims they are “unjust”.Ā 

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Optus loses second bid to shield Deloitte report from class action
Class Actions 2024-05-27 11:23 am By Sam Matthews

Optus has lost its appeal of a decision that found the telco could not claim legal professional privilege over a Deloitte report into a major data breach, with an appeals court highlighting the lack of evidence from former CEO Kelly Bayer Rosmarin.

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Judge won’t dock developer’s case against NSW Ports over privatisation deal
Competition & Consumer Protection 2024-05-22 11:32 pm By Cat Fredenburgh

A New South Wales developer’s competition case against NSW Ports over a ports privatisation agreement looks bound for the High Court after a judge found a related ACCC proceeding did not bar it from bringing the case, which will challenge a Full Court finding that the ports operator was shielded by derivative Crown immunity.

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Optus denies ‘cloaking’ Deloitte report in privilege in data breach class action
Appeals 2024-05-14 10:38 pm By Cindy Cameronne

Optus has denied that it ā€˜cloakedā€™ the true dominant purpose of a Deloitte report into a major data breach in 2022, arguing on appeal that the report was privileged and that a class action should not have access to it.Ā 

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CBA defeats shareholder class actions over money laundering disclosures
Class Actions 2024-05-10 12:20 pm By Cat Fredenburgh

Two class actions have failed to convince a judge that the Commonwealth Bank of Australia’s money laundering compliance failure which led to a $700 million penalty was “law breaking on a grand scale” that should have been disclosed to the market, the latest shareholder case to flop after being taken to trial.

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No more ‘unadulterated waffle’ please: Court has gone awry with unconscionable conduct, judge says
Competition & Consumer Protection 2024-04-05 11:32 pm By Christine Caulfield

A judge who tossed a $650 million lawsuit by dealers against Mercedes-Benz has said he rejected a “value-laden” take by other judges on what amounts to unconscionable conduct, avoiding what he mockingly described as “putatively profound” propositions “dollied up in prettified prose”.

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