Competition & Consumer Protection

Convenience store chain On the Run is mulling proceedings against United Petroleum, which allegedly paid $120,000 to a public relations firm to run a “misleading” ad campaign accusing it of wage theft. 

A class action against restaurant chain Fogo Brasilia and its law firm alleging franchisees were misled about the profitability of their businesses could be shut down, with the lead plaintiff unable to pay security for costs after the funder pulled out, a court has heard.

Isuzu is the latest car maker to be stung with a class action for allegedly using defeat devices to cheat on emissions tests, and many more car makers may find themselves in the crosshairs over the “common practice”.

The PR firm for a franchisee class action against United Petroleum has been sued for allegedly distributing an image to group members that depicted the petrol giant as “evil” and was allegedly intended to harm its position in the class action.

General Motors has failed to overturn a decision that put it on the hook for the applicant’s full costs in a partial settlement in a class action on behalf of Holden dealers, with an appeals court finding GM could not “walk away” from the ordinary meaning of the phrase ‘the plaintiff’s costs of the proceedings’.

The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it “may consider” in deciding if conduct rises to the level of unconscionability.

The corporate regulator has taken market operator ASX to court for allegedly making misleading statements about the replacement project for its CHESS share register, including that the project was on track to go live in April 2023. 

Bond & Credit Company has lost its bid to bring a new claim in defence to $6 billion proceedings over the collapse of Greensill that alleged the financial services company failed to disclose its “moral hazard” behaviour of being dishonest with insurers.

A personal injury firm that lost out to a class action heavyweight in a contest to run a case against Toyota unit Hino has dropped its appeal and will wear the costs it incurred in bringing its case.

The competition watchdog has accepted an undertaking from TPG not to renew an agreement requiring it to pre-install Google on mobile devices it supplies, following similar undertakings given by Telstra and Optus last month.