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Commonwealth Bank won’t defend ASIC case over $2.9M in overcharged interest
Financial Services 2021-02-12 12:14 pm By Spencer Fowler Steen

Proceedings launched by ASIC in December accusing the Commonwealth Bank of Australia of saddling consumers with $2.9 million in inflated interest rates on their business overdraft accounts on more than 12,000 occasions will move swiftly to a penalties hearing.

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Australian Pacific Touring fights recasting of test case after discovery bungle
Competition & Consumer Protection 2021-02-11 1:49 pm By Miklos Bolza

Cruise company Australian Pacific Touring will resist any expansion of a test case over cancellations brought against it by a former passenger after its failure to properly provide discovery resulted in a fragmented hearing meant to conclude in September last year.

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ACCC raises competition concerns about MYOB bid for GreatSoft
Competition & Consumer Protection 2021-02-11 1:12 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has raised preliminary competition concerns about accounting software provider MYOB’s proposal to swallow up cloud practice management software provider GreatSoft, saying the South Africa-based company has the potential to become a strong competitor to MYOB as more accounting firms migrate to the cloud.

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Mobile retailer TeleChoice faces class action over contract spat with Optus
Class Actions 2021-02-08 6:58 pm By Miklos Bolza

A class action by franchisees against mobile and internet retailer TeleChoice will return to the Victoria Supreme Court next week as group members seek commissions they allege have been withheld while the company battles separate litigation against Optus.

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Judge OKs $9.5M McMillan Shakespeare settlement despite funder, lawyers taking bulk
Class Actions 2021-02-05 5:29 pm By Spencer Fowler Steen

A judge has approved a $9.5 million settlement in a class action against McMillan Shakespeare as fair and reasonable, allowing a common fund order and a nearly 30 percent commission for the litigation funder despite previously raising “real concerns” about the small portion flowing to group members.

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ACCC secures $83.5M in fines over vehicle shipping cartel
Competition & Consumer Protection 2021-02-04 10:43 pm By Cat Fredenburgh

Norwegian shipping company Wallenius Wilhlmsen Ocean has been fined $24 million for conspiring to fix the rates charged for shipping vehicles to Australia, bringing the total fines won by the ACCC over the shipping cartel to $83.5 million.

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Facebook still California dreaming in legal battle with startup
Competition & Consumer Protection 2021-02-04 3:50 pm By Cat Fredenburgh

Facebook and its subsidiary Instagram are pushing for a competition dispute brought by an Australian social media startup to be heard on their home turf in the state of California.

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J&J slammed for ‘wreckage’ of a case in pelvic mesh class action appeal
Class Actions 2021-02-03 3:39 pm By Miklos Bolza

A group of women harmed by pelvic mesh devices produced by Johnson & Johnson have accused it of persisting with a “wreckage” of a case in which one of its own doctors admitted the pharmaceutical company knew of the risks posed by the implants at they time they were sold worldwide.

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Horse vaccine class action trial will raise ‘timely’ safety questions, court hears
Class Actions 2021-02-02 4:12 pm By Miklos Bolza

An upcoming class action trial over alleged side effects resulting from the Hendra virus horse vaccine, which will commence shortly after a COVID-19 vaccine is rolled out in Australia, will raise “timely” issues concerning vaccine safety, a judge has heard.

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Funder likens itself to pinata in hearing over $9.5M class action settlement
Class Actions 2021-02-01 7:15 pm By Spencer Fowler Steen

The funder behind a class action against McMillan Shakespeare has warned against the court beating it up like a ‘pinata’ in a settlement approval hearing in which the judge expressed “real concerns” about the portion of a $9.5 million settlement earmarked for group members.

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