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PR firm published ‘evil’ image to hurt United Petroleum in class action, suit claims
Intellectual Property 2024-08-15 11:45 pm By Cat Fredenburgh

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.

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GM can’t ‘walk away’ from language of settlement with class action plaintiff: appeals court
Class Actions 2024-08-15 11:03 pm By Sam Matthews

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’.

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Judges not constrained by unconscionable conduct checklist, High Court finds
Competition & Consumer Protection 2024-08-14 11:56 pm By Cat Fredenburgh

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.

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ASIC suit alleges ASX made misleading statements about CHESS replacement
ASIC 2024-08-14 10:49 am By Sam Matthews

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. 

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Insurer BCC loses bid to bring ‘moral hazard’ claim in $6B Greensill cases
Insurance 2024-08-14 3:48 pm By Cindy Cameronne

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.

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Losing law firm in Hino class action contest drops appeal, must pay costs
Class Actions 2024-08-13 11:08 pm By Christine Caulfield

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.

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TPG follows telco giants in scrapping exclusivity deal with Google
Competition & Consumer Protection 2024-08-13 2:03 pm By Sam Matthews

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. 

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Meta can’t be left in the dark about ACCC’s crypto ads case, judge says
Competition & Consumer Protection 2024-08-12 2:59 pm By Sam Matthews

The consumer regulator must identify the advertisements it relies on to prove its case against Meta over scam cryptocurrency ads on Facebook, with a judge saying the social media giant should know the case it has to meet.

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Telstra fights silk’s claims over email bounce-back
Competition & Consumer Protection 2024-08-09 11:49 pm By Sam Matthews

Telstra has hit back at a senior barrister’s suit alleging it flags his emails to Bigpond addresses as spam and fails to send them, saying the problem has already been fixed. 

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High Court to hear competition cop’s appeal in CFMEU boycott case
Competition & Consumer Protection 2024-08-08 11:51 pm By Christine Caulfield

The High Court has taken up the ACCC’s boycott case against builder J Hutchinson and the controversial construction union, an appeal that gives the court the chance to clarify the standard for proving an anti-competitive arrangement.

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