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ACCC takes Fuji Xerox to court over ‘unfair’ contract terms
Competition & Consumer Protection 2020-10-22 1:45 pm By Cat Fredenburgh

The consumer watchdog has filed court proceedings against Fuji Xerox alleging the Japanese print giant’s standard form contracts with small businesses contain a bevvy of unfair contract terms that could cause them harm.

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Contradictor in 7-Eleven class action backs court’s power to make CFOs
Class Actions 2020-10-20 3:51 pm By Miklos Bolza

A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.

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ACCC alleges crane company entered cartel agreement with competitor
Competition & Consumer Protection 2020-10-19 4:13 pm By Cat Fredenburgh

Making good on its promise to crack down on anti-competitive conduct in the commercial construction sector, the ACCC has initiated proceedings against NQ Cranes alleging the crane company entered an agreement with a competitor to divvy up the market for overhead crane parts and servicing in Brisbane and Newcastle.

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Chubb wouldn’t want survival of Opal Tower concrete specialist on conscience, judge says
Insurance 2020-10-16 2:39 pm By Miklos Bolza

The chief judge of the Federal Court has told Chubb Insurance to consider whether it wants to be held responsible for the commercial viability of Evolution Precast Systems, which has been denied coverage over the ill-fated Opal Tower and faces myriad legal claims.

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AMP settles contentious $2.7M legal battle with former GC
Employment 2020-10-07 3:35 pm By Cat Fredenburgh

AMP has settled legal proceedings brought by a former general counsel who claims she was sacked from the wealth management firm after raising concerns about its fees for no services conduct.

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Pitcher Partners says class, funder should foot the bill for flurry of cross-claims
Class Actions 2020-10-07 2:16 pm By Cat Fredenburgh

Pitcher Partners says the lead applicant in a discontinued class action over its auditing of Slater and Gordon should cover the costs for cross-claims it brought against nine parties, including the law firm and several of its former directors.

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IAG reaches $138M settlement in add-on insurance class action on eve of trial
Class Actions 2020-10-06 10:21 am By Christine Caulfield

Insurance Australia Group will fork over $138 million to settle a class action brought against two subsidiaries alleging they engaged in misleading and deceptive conduct by pushing worthless insurance on motor vehicle purchasers.

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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Feature 2020-10-05 5:14 pm By Christine Caulfield

The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.

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ASIC conflated conduct of GetSwift founders, court told
Securities 2020-09-30 9:39 pm By Christine Caulfield

ASIC’s case against GetSwift and its founders Joel Macdonald and Bane Hunter makes accusations against both directors but relies on alleged conduct by only Hunter, a lawyer for Macdonald has told a court on the last day of trial in the corporate regulator’s case.

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Murray Goulburn class action judge considered revisiting case in light of Banksia scandal
Class Actions 2020-09-29 11:56 pm By Christine Caulfield

The judge overseeing a settled class action against Murray Goulburn, which earned millions of dollars for the same legal team accused of serious misconduct in the running of the Banksia class action, invited the parties last month to reopen the case, concerned he had been misled when approving the lawyers’ costs.

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