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Scenic cruise passengers can’t claim damages for disappointment, appeals court says
Appeals 2018-10-25 10:19 pm By Cat Fredenburgh

Scenic Tours has won a major victory on appeal in a class action against a ruling that put it on the hook for claims that luxury European river cruise passengers were owed damages and compensation after they were forced to take the bus because of flood waters.

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Woolworths bags $100M shareholder class action
Class Actions 2018-10-25 9:56 pm By Cat Fredenburgh

Woolworths has shot back at claims in a shareholder class action that it breached its continuous disclosure obligations, saying the lawsuit doesn’t allege there was material information it should have disclosed to shareholders in advance of its downward revision of a 2015 profit guidance.

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Director denies telling Geoffrey Rush to be less ‘creepy’
Defamation 2018-10-25 8:04 pm By Miklos Bolza

The director of the King Lear production at the centre of a defamation case brought by Geoffrey Rush said on the witness stand Thursday he never told the actor his behaviour toward co-star Eyrn Jean Norvill had become “creepy”.

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Aboriginal art supplier misled consumers with Indonesian-made fakes, judge finds
Competition & Consumer Protection 2018-10-24 9:52 pm By Christine Caulfield

A judge has found an Aboriginal art and souvenir supplier misled consumers by creating the false impression its products were made in Australia by Indigenous people, when they were actually made in Indonesia, the consumer watchdog said Wednesday.

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Westpac fights Deloitte subpoena in life insurance class action
Class Actions 2018-10-24 9:35 pm By Miklos Bolza

Westpac is contesting a subpoena in a class action over allegedly excessive life insurance premiums for documents from Deloitte that may reveal how the bank chose the policies it offered.

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Court urged to reject $35M Westpac settlement with ASIC
Financial Services 2018-10-24 8:17 pm By Miklos Bolza

Former Solicitor-General Justin Gleeson, SC, told a Federal Court judge Wednesday to reject a proposed $35 million deal between ASIC and Westpac, saying the bank should pay at least $100 million if it committed the responsible lending breaches alleged by the regulator.

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AMS loses bid to restrict group size in pelvic mesh class action
Class Actions 2018-10-24 7:36 pm By Cat Fredenburgh

The judge overseeing a class action against American Medical Systems over allegedly defective pelvic mesh implants has rejected the medical device maker’s bid to alter the start date for a sub-group of class members.

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Air conditioner patent infringement claims get chilly reception
Intellectual Property 2018-10-24 3:59 pm By Christine Caulfield

Swedish air conditioner supplier Dometic has lost is case alleging patent infringement claims against Australian rivals Houghton Leisure and Finch Australia over the popular Belaire 3200 AC used in caravans and other recreational vehicles.

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Heinz drops appeal in sugary kids snacks case
Appeals 2018-10-24 12:35 pm By Cat Fredenburgh

H.J. Heinz Company has dropped its appeal of a ruling that it marketed its sugary snacks to kids as healthy, after the ACCC won a fraction of the $10 million fine it sought for the consumer law violations.

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ACCC to act as intervenor in Nature’s Care case over Australian Made logo
Competition & Consumer Protection 2018-10-23 10:40 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has successfully escaped a lawsuit by a Chinese vitamin company Nature’s Care after arguing it had been wrongly “dragged” into the case.

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