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Noni B owner to play COVID-19 card in ACCC case over late deliveries
Competition & Consumer Protection 2024-04-24 12:23 pm By Sam Matthews

Fashion retailer Mosaic Brands has flagged various COVID-related defences to a case brought by the Australian Competition and Consumer Commission alleging it failed to deliver several hundred thousand products to customers within advertised time frames.

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Liberty Group’s ‘trust silo’ not used to avoid tax on $98M, appeals court finds
Tax 2024-03-27 10:28 pm By Cindy Cameronne

In a loss for the Australian Taxation Office, an appeals court has found that the Liberty Group’s use of corporate and trust ‘silos’ was not an unlawful tax avoidance scheme.

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Aussie Skips appeals cartel judgment socking it with $3.5M fine
Competition & Consumer Protection 2024-03-27 3:15 pm By Christine Caulfield

Aussie Skips is fighting a court’s ruling that imposed a $3.5 million penalty against the waste company and sentenced its boss to an 18-month intensive corrections order, in a criminal cartel case that also implicated Bingo Industries.

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Honda says $22M damages bid for axed dealership model needs ‘reality check’
Automotive 2024-02-21 11:37 pm By Cindy Cameronne

Honda has admitted that it owes compensation to a Melbourne car dealer for a deliberate breach of contract following its decision to ditch a dealership model in Australia, but argues a $22 million damages claim by the dealer needs a “reality check”.

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Court slashes law firm’s costs in Aveo class action settlement
Class Actions 2024-01-05 11:24 pm By Cindy Cameronne

A judge has cut law firm Levitt Robinson’s costs in a class action against retirement village provider Aveo, finding the solicitors were “seriously derelict” in serving their evidence on loss and ran up over $1 million in avoidable costs.

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Noumi can’t shield lawyer’s evidence in privilege claim over Ashurst, PwC docs
Class Actions 2023-12-20 11:19 pm By Cindy Cameronne

Noumi has largely lost its bid to shield from a class action parts of its inhouse counsel’s evidence supporting a privilege claim over 3,000 documents seen by Ashurst and PricewaterhouseCoopers during an investigation into the company’s financial position.

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Honda cops $6M penalty for misleading customers about dealerships
Competition & Consumer Protection 2023-12-15 10:22 pm By Cat Fredenburgh

Honda Australia has been hit with a $6 million penalty for misleading communications made to customers of three dealerships during a restructuring in which the car maker’s shuttered its independent dealer network in favour of an agency model.

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Solicitors’ CFO question in Blue Sky class action sent to Full Court
Class Actions 2023-11-29 11:38 pm By Christine Caulfield

Weeks after giving the thumbs up to common fund orders at settlement, the Full Federal Court has been asked to decide whether judges have power to order payment of a commission to class action solicitors — not just funders.

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Aveo’s $11M class action settlement OK’d, but ‘avoidable costs’ yet to be doled out
Class Actions 2023-11-22 11:32 pm By Sam Matthews

A judge has given the green light to a $11 million settlement in a class action against retirement village provider Aveo, but reserved his decision about whether a contested amount of over $1 million should go to group members or the law firm that brought the case.

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‘You’ve got to learn to take yes for an answer’: Judge not inclined to seek Full Court’s view on solicitors CFO
Class Actions 2023-11-15 11:20 pm By Cat Fredenburgh

The judge overseeing a class action against collapsed investment manager Blue Sky has said he would not be inclined to seek clarity from the Full Court on whether the court has the power to make a solicitors common fund order unless one of the defendants raised a challenge.

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