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$16M settlement reached in Walla Walla tip fire class action
Class Actions 2020-04-06 11:18 am By Cat Fredenburgh

A NSW council has agreed to fork over $16 million to settle a class action over a 2009 rubbish tip fire, after the High Court declined to hear the council’s challenge to a ruling that found it was responsible for the damage caused by the fire.

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Directors look to shut down COVID-related shareholder class actions
Class Actions 2020-04-06 10:34 am By Cat Fredenburgh

The Australian Institute of Company Directors is calling on the Federal Government to bar lawsuits over coronavirus-related disclosures, including class actions, but some lawyers warned the proposal would leave companies free to mislead and deceive shareholders.

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Citing coronavirus, judge orders limited discovery in ANZ, Westpac ‘junk’ insurance class actions
Class Actions 2020-04-03 11:18 pm By Christine Caulfield

Noting the challenge of searching for documentary evidence while employees are working from home, a judge overseeing two consumer class actions against ANZ and Westpac has directed the banks to hand over only a limited number of documents to the applicants, and given them extra time to do it.

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ACCC was unreasonable to pursue cartel appeal, Cussons says
Competition & Consumer Protection 2020-04-03 9:54 pm By Miklos Bolza

Personal healthcare giant PZ Cussons is seeking indemnity costs from the ACCC, claiming the regulator unreasonably rejected a settlement offer in its case over an alleged laundry detergent cartel.

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Judge OKs notice in Westpac class action foreshadowing ‘expense sharing order’
Class Actions 2020-04-02 10:51 pm By Christine Caulfield

A judge has approved a notice in a class action against Westpac alerting group members that an “expense sharing order” will be sought by the applicants if or when the case settles, the first ruling of its kind since the High Court struck down common fund orders.

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Judge shoots down amendment to group definition in Uber class action
Class Actions 2020-04-02 5:17 pm By Cat Fredenburgh

A judge has denied a bid by the applicant in a massive class action against ride-sharing giant Uber to amend the group definition to include successors and assignees of those with claims, saying the request was made too late and that it was not clear who exactly would be included in the new group.

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Asahi’s $16B deal to buy CUB gets competition approval with sell-off
Corporate 2020-04-01 2:27 pm By Christine Caulfield

The competition watchdog has signed off on the $16 billion acquisition of Carlton & United Breweries by Asahi after the Japanese beer giant offered to shed key beer and cider brands to seal the deal.

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Barristers to robe up at home for trial by videochat in ACCC case against Kogan
Competition & Consumer Protection 2020-04-01 11:44 am By Miklos Bolza

Barristers for the ACCC and online retailer Kogan have been asked to robe up at home as the previously in-person trial shifts to videochat in response to the COVID-19 health crisis.

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ACCC approves Bunnings’ takeover of Adelaide Tools
Competition & Consumer Protection 2020-03-31 2:25 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has found Bunnings’ $30 million takeover of Adelaide Tools and Oaklands Mower Centre would not substantially lessen competition, but warned it would closely scrutinise future moves that would further cement the hardware giant’s dominant position.

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TasPorts slams ACCC case, says extra fees don’t amount to misuse of market power
Competition & Consumer Protection 2020-03-31 12:52 pm By Miklos Bolza

Tasmanian state-owned ports company TasPorts has admitted to charging additional fees to the owner of a local port, but has denied the ACCC’s allegations that these actions constituted a misuse of market power designed to stymie competition.

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