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Google slams ACCC’s ‘artificial and incorrect’ case over location data disclosures
Competition & Consumer Protection 2019-12-16 8:47 pm By Christine Caulfield

Google has come out in defence of its privacy disclosures to Android mobile users in the face of landmark legal action by the ACCC, saying the consumer regulator’s allegations of misleading conduct rely on an “artificial and incorrect” account of the way it informs users of the collection and use of personal location data.

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Lehman liquidator files $40M lawsuit against Fitch following class action discovery
Class Actions 2019-12-12 1:12 pm By Cat Fredenburgh

The Australian liquidator of Lehman Brothers has filed a lawsuit seeking $40 million from Fitch Ratings for assigning too-rosy ratings to toxic financial products sold by the bank, following the discovery of a hidden table in Fitch’s rating model by the lawyers leading a now-settled class action against the accounting firm.

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‘Reasonable chance’ of settlement in Dick Smith class actions
Class Actions 2019-12-06 12:31 pm By Cat Fredenburgh

There is a “reasonable chance” that two shareholder class actions against failed electronics retailer Dick Smith will settle by February of next year, group members have learned.

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Engineer blamed for design defects in Opal Tower class action
Class Actions 2019-12-05 10:55 pm By Cat Fredenburgh

The construction company behind Sydney’s Opal Tower has filed a cross claim seeking $30 million from structural architect WSP Structures over its allegedly faulty building design.

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JPMorgan witnesses grilled as banks seek to poke holes in ANZ cartel case
Competition & Consumer Protection 2019-12-05 9:21 pm By Miklos Bolza

Two key witnesses from JPMorgan have been grilled by lawyers for three major investments banks named in a high-stakes criminal cartel case as the banks seek to cast doubt on how the ACCC gathered evidence during its almost two-year cartel investigation.

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Higher commission rates, more closed class actions to follow High Court ruling
Analysis 2019-12-04 10:36 pm By Christine Caulfield

The end of the common fund order is a setback for class actions that will see a revival of the days of closed proceedings, costly bookbuilding, higher commission rates and the shelving of worthy but risky cases, experts say, and all eyes will now turn to state and federal governments to see how they respond to calls for legislative intervention.

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Sony skips level in ACCC’s PlayStation lawsuit
Competition & Consumer Protection 2019-12-04 3:49 pm By

A Federal Court judge has vacated a hearing on liability in the Australian Competition and Consumer Commission’s lawsuit against Sony alleging the entertainment company misled gamers who purchased faulty PlayStation games.

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Cross claims against Deloitte dropped in Dick Smith class actions
Class Actions 2019-11-28 12:29 pm By Miklos Bolza

Accounting giant Deloitte Touche Tohmatsu will not face cross claims over the collapse of failed retailer Dick Smith when a hearing of three shareholder class actions kicks off in three months.

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‘The well has run dry’: Judge shoots down class action bid for internal Ford reports
Class Actions 2019-11-22 10:07 pm By Cat Fredenburgh

The judge overseeing a class action against car maker Ford over its allegedly defective PowerShift transmission has shot down the applicant’s request for additional discovery, saying that after multiple delays in the case “the well has run dry”.

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Wagner family wins $3.7M defamation payout over 60 Minutes report
Defamation 2019-11-22 9:48 pm By Christine Caulfield

A prominent Queensland family has won almost $3.7 million in damages after a court found the Nine Network was “recklessly indifferent” to the truth of a 60 Minutes’ report alleging the collapse of a wall at the family’s quarry was to blame for floods that killed 12 people. 

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