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High Court to hear appeal of ACCC’s unconscionable conduct win against college
Competition & Consumer Protection 2023-09-15 4:54 pm By Cindy Cameronne

The High Court has granted defunct online educator Captain Cook College special leave to appeal a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, who accrued $60 million in debt but never finished their courses. 

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Surgeons try again to declass breast implants class action
Class Actions 2023-09-14 2:44 pm By Cindy Cameronne

A group of surgeons who worked for The Cosmetic Institute are appealing a judge’s rejection of their bid to declass a representative proceeding on behalf of 13,500 patients who claim they suffered injury or complications from breast augmentation surgery. 

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Holden dealers reject GM’s bleak alternate reality in class action
Class Actions 2023-09-13 11:03 pm By Christine Caulfield

Holden dealers in a class action over GM’s decision to retire the brand in March 2020 have taken issue with the car maker’s counterfactual in defence, which argues the plant supplying Holden’s best-selling models would have closed anyway.

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Two years after opt-out too late for security bid in SA Power class action: court
Class Actions 2023-09-11 11:17 pm By Sam Matthews

A class action against SA Power over a 2019 bushfire in the Adelaide Hills has dodged the energy company’s belated bid for security.

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Nine’s stories on surgeon the ‘opposite of public interest’, court told
Trials 2023-09-04 11:03 pm By Cindy Cameronne

A top orthopaedic surgeon and former NSW Australian of the year has argued in his defamation case against Nine that stories detailing his alleged negligence misled the public about medical issues and were the “opposite of public interest” journalism. 

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Judge tosses claims in $650M dealer lawsuit against Mercedes-Benz
Contracts 2023-08-30 11:30 pm By Cat Fredenburgh

A judge has thrown out claims in a $650 million lawsuit by 38 dealers against Mercedes-Benz Australia over its decision to move to a fixed-price agency model, finding the dealers’ lawsuit sought to rewrite the terms of their agreement with the car maker on more commercially favourable terms.

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HWL Ebsworth can’t point finger at client to reduce liability for negligence
Business of Law 2023-08-04 11:21 pm By Sam Matthews

A judge has ruled that HWL Ebsworth’s negligent advice over property in Paramatta’s ‘Auto Alley’ cost a client $2 million, rejecting the firm’s plea of contributory negligence against the owner.

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Lead plaintiff in class action settles claim against General Motors
Class Actions 2023-08-02 10:04 pm By Sam Matthews

The lead plaintiff in a class action by dealers over a decision to retire the Holden brand has settled its claim with General Motors, but is set to remain as the lead plaintiff in the case.

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GM says supply of Holden’s best-selling cars would have dried up anyway
Class Actions 2023-08-01 11:33 pm By Christine Caulfield

Defending a class action by dealers over a decision to retire Holden, General Motors argues it would have been forced to close the unprofitable plant that manufactured the vehicles for the Australian market even absent the 2020 withdrawal of the iconic brand.

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Cosmetic Institute surgeons can’t declass breast implant action
Class Actions 2023-07-28 4:28 pm By Christine Caulfield

A judge has tossed out an application by a group of surgeons who formerly worked for The Cosmetic Institute to declass a representative proceeding on behalf of 13,500 patients who claim they suffered injury or complications from breast augmentation surgery.

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