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Mercedes-Benz accused in ACCC action of exposing drivers to risk of death during Takata recall
Competition & Consumer Protection 2021-08-04 4:37 pm By Christine Caulfield

The consumer regulator has launched court proceedings against luxury car maker Mercedes-Benz for allegedly exposing consumers to serious injury or death by failing to comply with obligations under a compulsory recall of potentially deadly Takata airbags.

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Funder wants Full Court to throw out landmark class action ruling
Class Actions 2021-08-04 2:38 pm By Cat Fredenburgh

The funder backing a class action accusing two energy generators of gaming Queensland’s energy prices wants the Full Court to find the landmark Brookfield Multiplex ruling, which held that a litigation funding arrangement for a class action was a managed investment scheme, was wrongly decided.

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Rex hires Clayton Utz as it weighs legal options against Qantas
Competition & Consumer Protection 2021-08-03 12:58 pm By Christine Caulfield

Regional Express has engaged Big Six firm Clayton Utz to investigate potential court action against rival airline Qantas for alleged anticompetitive conduct.

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Full Court should decide whether Qld energy class action is managed investment scheme, court told
Class Actions 2021-08-02 3:02 pm By Cat Fredenburgh

The Full Court should determine whether a class action accusing two state-owned energy generators of gaming Queensland’s energy pricing system needs to comply with regulations requiring litigation funders to register class actions as managed investment schemes, a court has been told.

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ASIC takes AMP to court for charging super members fees for no service
Financial Services 2021-07-30 12:42 pm By Bianca Hrovat

The Australian Securities and Investments Commission has hit financial services provider AMP with court action over fees-for-no-service conduct that allegedly led to upwards of $600,000 being unlawfully withdrawn from superannuation member accounts.

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Feud over app notice in $7M CBA case could shift balance towards higher penalties
Financial Services 2021-07-29 4:08 pm By Miklos Bolza

A judge weighing a dispute between ASIC and the Commonwealth Bank over whether notice of a $7 million penalty should be sent out through the bank’s Commbank app has questioned the usefulness of adverse publicity notices and whether they should be ditched for higher pecuniary penalties in the future.

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Culture Kings steps out of the ring, resolves Mike Tyson suit over ‘misleading’ T-shirts
Intellectual Property 2021-07-29 1:42 pm By Bianca Hrovat

Streetwear retailer Culture Kings has resolved a lawsuit brought by former world boxing champion Mike Tyson alleging the company misled consumers by using his image on its T-shirts.

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Rex eyes legal action against Qantas for alleged anti-competitive conduct
Competition & Consumer Protection 2021-07-28 10:53 pm By Bianca Hrovat

Regional Express is weighing court action against Qantas, alleging Australia’s biggest airline engaged in anti-competitive behaviour in the form of capacity dumping and predatory practices.

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ACCC appeals ruling throwing out ‘fanciful’ NSW Ports competition case
Competition & Consumer Protection 2021-07-27 7:05 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has appealed a judge’s decision throwing out its competition case over an agreement for the privatisation of two NSW ports, calling the case “a matter of significance for the Australian economy”.

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Crane maker NQCranes blasts ACCC’s ‘bizarre’ new claims in cartel case
Competition & Consumer Protection 2021-07-26 5:26 pm By Christine Caulfield

Queensland crane company NQCranes wants to strike out the bulk of the ACCC’s amended case alleging a conspiracy with a multinational rival to divide the Brisbane and Newcastle markets, saying there was no evidence of the regulator’s new allegations of a second cartel agreement.

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