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Judge ‘outraged’ by terms of ACCC’s $75M dieselgate settlement with VW
Competition & Consumer Protection 2019-10-16 8:41 pm By Amelia Birnie

A judge is considering whether he can increase a record $75 million civil penalty settlement reached by Volkswagen and the ACCC over the dieselgate scandal, after saying the people of Australia would be ā€œupsetā€ if they knew about some of the ā€œoutrageousā€ terms to which the consumer watchdog had agreed.

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Ex-Pizzeys patent attorneys deny using confidential info to poach clients
Business of Law 2019-10-16 8:35 pm By Miklos Bolza

Two patent attorneys being sued by boutique IP firm Pizzeys Patent and Trade Mark Attorneys are resisting an application for preliminary discovery, denying the firm’s claim that they misused confidential information to poach clients.

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Judge rejects $42M Murray Goulburn class action settlement, says funder’s cut too high
Class Actions 2019-10-16 2:07 pm By Christine Caulfield

A judge has refused to sign off on a $42 million settlement of a class action against dairy giant Murray Goulburn, saying the commission sought by the funder appeared out of proportion to the risk and above the going rate.

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Medibank admits to violating consumer law with insurance cover fail
Competition & Consumer Protection 2019-10-16 1:11 pm By Cat Fredenburgh

Health insurer Medibank has admitted to engaging in misleading and deceptive conduct when it falsely told consumers they were not eligible for certain coverage under their insurance policies in what it called an “internal process failure”, but denies the ACCC’s claim that consumers were denied the benefits they paid for.

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Dick Smith cases to be heard together, after insurance class action plaintiffs drop discontinuance bid
Class Actions 2019-10-15 11:20 pm By Amelia Birnie

A judge has ordered all proceedings against Dick Smith to be heard concurrently during a marathon three month trial, after the plaintiffs in a shareholder class action brought against the failed electronics retailerā€™s insurers aborted a fleeting bid to temporarily discontinue their case.

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ANZ says ASIC overreaching in case over ‘periodical payment’ fees
Financial Services 2019-10-15 9:17 pm By Miklos Bolza

ANZ has rejected allegations by the financial regulator that $35 million in fees charged to customers for periodical payments between accounts was unlawful, saying the regulator’s case extended the scope of false and misleading representation claims.

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Surfstitch agrees to settle shareholder class actions, again
Class Actions 2019-10-15 3:40 pm By Cat Fredenburgh

Online fashion retailer Surfstitch has reached an in-principle settlement in two shareholder class actions, about nine months after an initial agreement to resolve the dispute derailed.

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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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Full Federal Court reimposes ban on Prime Trust directors
White Collar 2019-10-15 12:43 am By Cat Fredenburgh

The Full Federal Court has reimposed bans against four former directors of collapsed retirement village owner Prime Trust, including former federal health minister Michael Wooldridge, following a successful High Court challenge by the Australian Securities and Investments Commission.

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Aristocrat goes ‘too far’: Konami tells court pokie patent damages should be proportional
Intellectual Property 2019-10-14 10:01 pm By Miklos Bolza

Aristocrat Technology has gone “too far” in seeking full profits from the sale of Konami Australia’s infringing pokie machines, with Konami arguing the court should calculate damages in relation to what proportion of its machines were created using components that infringe the gaming giant’s patent.

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