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Court calls half-time on AFL player’s concussion suit until after class action
Class Actions 2024-03-21 11:58 pm By Christine Caulfield

The AFL has scored a small victory in concussion litigation brought by players, winning an order temporarily halting a case by former Western Bulldogs player Liam Picken.

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No scope in Patents Act for holding directors jointly liable for unjustified threats: court
Intellectual Property 2024-01-29 3:33 pm By Cindy Cameronne

A letter by King & Wood Mallesons was an unjustifiable threat of patent litigation against car accessories company Clearview, as was an announcement by the firm’s client MSA, but MSA’s director cannot be held liable as a joint tortfeasor under the Patents Act, a judge has found.

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Ventia can’t recoup $5.6M from Western Power in bushfire class action
Class Actions 2024-01-16 4:17 pm By Cindy Cameronne

Subcontractor Ventia Utility Services had lost its bid to recover $5.6 million in alleged overpayments to class action group members from co-defendant Western Power, after its liability was reduced on appeal in a representative proceeding over the 2014 Perth Hills bushfire.

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Bed Bath N’ Table scores partial win in IP suit against rival
Intellectual Property 2024-01-16 4:59 pm By Cindy Cameronne

A judge has handed a partial win to homewares brand Bed Bath N’ Table, finding rival House misled consumers by opening a sub-brand called House Bed & Bath but rejecting the retailer’s trade mark infringement claims.

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Top 10 class action settlements of 2023
Top 10 Class Action Settlements 2024-01-05 4:07 pm By Cat Fredenburgh

Companies and government entities paid out less to settle class actions in 2023 than in the previous two years, with no mega settlements hitting their pocketbooks.

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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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Fitbit hit with $11M penalty for misleading customers about refunds
Competition & Consumer Protection 2023-12-12 3:38 pm By Christine Caulfield

Google’s Fitbit has been ordered to pay $11 million for misleading statements about customers’ rights to refunds or replacements for faulty devices.

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Sensitive data of 223,000 people stolen in ACL data breach: OAIC
Privacy & Cybersecurity 2023-11-28 11:17 pm By Cat Fredenburgh

‘Serious and systemic’ failures in Australian Clinical Labs’ cyber framework left the pathology services provider vulnerable to a cyberattack that exposed the sensitive health data of more than 223,000 people, including tests for fertility and sexually transmitted diseases, according to the OAIC.

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High Court won’t weigh in on spat between Probuild, Allianz over development bonds
Construction 2023-11-20 11:52 pm By Christine Caulfield

Probuild Constructions has failed in its special leave application to the High Court, which sought to challenge a ruling that it held $7.7 million in trust for insurer Allianz under a deed of indemnity in connection with the development of West Side Place in Spencer St, Melbourne.

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ASIC can’t temporarily block payday lenders from charging fees
Financial Services 2023-11-16 9:54 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has lost its bid to temporarily restrain payday lenders Cigno and BSF Solutions from enforcing loan fees against 7,000 customers, with a judge finding an injunction could destroy their businesses.

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