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ASIC wins appeal over funeral insurer’s ‘Aboriginal-owned’ representations
Appeals 2024-02-29 11:18 pm By Cat Fredenburgh

The Full Federal Court has found it was “abundantly clear” on the evidence before a trial judge that funeral expenses insurance provider ACBG misrepresented to Aboriginal customers that it was Aboriginal owned or managed, but found ASIC contributed to the error with its bad pleadings.

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Judge orders soft class closure in ‘junk’ insurance class action
Class Actions 2024-02-28 10:40 pm By Cat Fredenburgh

A judge has ordered soft class closure in a class action against Suncorp unit AAI over allegedly worthless insurance, saying that knowing how many of the 200,000 group members are likely to participate would assist in resolving the case.

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‘So what?’ Judge says rate-rigging class action can’t impose views on registration
Class Actions 2024-02-27 9:58 pm By Cat Fredenburgh

A judge has ordered soft class closure ahead of mediation in a class action against five major banks over alleged foreign exchange rate-rigging, saying the applicant’s subjective view on what will assist mediation should not be imposed on the banks.

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‘Don’t you want to know who you’re acting for?’: Judge probes applicant in rate-rigging class action
Class Actions 2024-02-26 4:33 pm By Sam Matthews

A judge has questioned the applicant’s opposition to soft class closure in a class action accusing five major banks of rate-rigging, a measure the banks say could save “tens of millions” in legal expenses. 

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AGL Energy class action to be discontinued after search for new funder fails
Class Actions 2024-02-26 5:32 pm By Cat Fredenburgh

The applicant in a competition class action against AGL Energy has failed to find another funder to back the case after the original funder that bankrolled the case withdrew its support.

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Auction site Grays to cop $10M penalty for misleading car info
Competition & Consumer Protection 2024-02-26 3:23 pm By Cat Fredenburgh

Online auction business Grays has agreed to pay a $10 million penalty for engaging in misleading and deceptive conduct by posting hundreds of descriptions of cars for sale on its website that contained incorrect information.

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Bingo, Aussie Skips hit with $33.5M in cartel penalties, CEOs get community service
Competition & Consumer Protection 2024-02-23 12:52 pm By Sam Matthews

A judge has sentenced the former CEO of Bingo Industries to two years’ imprisonment to be served in the community and imposed $30 million in penalties against the waste company for a cartel arrangement with rival Aussie Skips, which copped fines of $3.5 million and an 18 month’ intensive corrections order for its boss. 

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Affidavits by Ashurst lawyers adequate for Racing Victoria’s privilege claim, judge says
Competition & Consumer Protection 2024-02-23 11:30 pm By Christine Caulfield

A judge has ruled hearsay evidence given by Ashurst solicitors is sufficient for Racing Victoria to bring a claim for legal professional privilege over documents ordered to be produced to Racing NSW, which alleges it was the victim of an anti-competitive plot.

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Video camera maker Bolin wins urgent injunction against ASX-listed rival BirdDog
Competition & Consumer Protection 2024-02-23 11:33 pm By Christine Caulfield

Chinese video camera company Bolin has won its bid for an urgent anti-anti-suit injunction against Australian competitor BirdDog, with a judge finding there was a risk of “irreparable prejudice” if Bolin lost its right to bring its claims.

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Pawnbroker hit with class action over alleged ‘unjust transactions’
Class Actions 2024-02-22 3:15 pm By Cindy Cameronne

A Melbourne pawnbroker is facing a class action over alleged “unjust transactions” involving loans that were given in exchange for customers’ sentimental items and with annual interest rates equivalent to 480 per cent.

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