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McDonald’s may get served with class action over rest breaks
Class Actions 2020-09-30 9:38 pm By Cat Fredenburgh

Shine Lawyers and the union representing Australia’s fast food workers are investigating a possible class action against McDonald’s for allegedly failing to provide employees with rest breaks.

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Liberal member has no standing to bring anti-curfew suit, court hears
COVID-19 2020-09-30 6:37 pm By Miklos Bolza

The health official behind Victoria’s now repealed curfew is seeking to dismiss a lawsuit brought against her challenging the directive on human rights grounds, claiming that the declarations sought would have “no foreseeable consequences” on the Liberal Party member who filed the case.

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Judge says video would be ‘inappropriate’ in Westpac class action opt out notice
Class Actions 2020-09-30 4:15 pm By Christine Caulfield

A judge has scrapped a proposed video link sought by Slater and Gordon to be included in an opt out notice to group members in a class action over alleged junk insurance sold by Westpac, saying the video had the “flavour” of promoting the proceeding.

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Law firm in fee dispute with Barfly’s loses urgent bid for $745,000
Real Estate 2020-09-30 2:57 pm By Christine Caulfield

A law firm that negotiated a $2.4 million settlement for Melbourne’s Barfly’s in a negligence suit against the Bourke Street cafe’s former solicitors is now in litigation itself against Barflys over unpaid fees, but a bid by the firm for the cafe to hand over $745,000 to the court in trust has fallen flat.

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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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Full Court trashes ACCC appeal over Woolworths ‘eco’ picnic products
Competition & Consumer Protection 2020-09-29 7:03 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has lost its appeal of a ruling that found Woolworths’ environmental claims for its ‘Select Eco’ line of compostable plates, bowls and cutlery were accurate, not false and misleading.

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Google fires back at ACCC data collection suit, says it sought ‘explicit consent in plain terms’
Competition & Consumer Protection 2020-09-29 4:51 pm By Miklos Bolza

Google has rejected claims by the ACCC that it tricked consumers into agreeing to expanded collection of their personal data, saying that it instead sought “explicit consent” from users through an “easy-to-understand opt-in consent mechanism”.

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Proportionality no basis to deny fees in $7M QRxPharma class action settlement, judge says
Class Actions 2020-09-29 3:12 pm By Miklos Bolza

A judge has approved a $7 million settlement in a class action against the directors of pharmaceutical company QRxPharma, only a third of which will go to group members, saying proportionality was not a basis for rejecting fees that were otherwise fair and reasonable.

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Full Federal Court to rule on common fund order question in 7-Eleven class actions
Class Actions 2020-09-29 2:47 pm By Miklos Bolza

The Full Federal Court will weigh in on whether common fund orders can be made at settlement in two class actions against 7-Eleven, with a hearing scheduled for the same day the NSW Court of Appeal will hear arguments on the unresolved issue.

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Facebook tries again to dodge privacy lawsuit in Australia
Privacy & Cybersecurity 2020-09-29 1:04 pm By Cat Fredenburgh

Facebook will press on with its argument that it can’t be sued in Australia by the country’s privacy commissioner for alleged disclosure of users’ personal data, after a judge found there was enough evidence the social media giant conducted business in the country by installing and operating cookies on the devices of Australia users.

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