Competition & Consumer Protection

Select AFSL, its related entities and its director have been slapped with $13.6 million in penalties after a judge found that the life insurer used unconscionable phone sales tactics to “wear down” often vulnerable consumers, including migrants and Indigenous communities.

The Australian Competition and Consumer Commission has expressed concerns that Transurban’s plan to acquire a majority stake in fellow toll road operator Horizon Roads will hinder competition for future toll road projects.

As the knives come out in a contest between four law firms battling to run an $80 million class action against Star Entertainment, a court-appointed barrister has named his favourites – one of which has proposed a contingency fee of just 14 per cent.

Three firms fighting for carriage of a $80 million class action against Star Entertainment say a group costs order would guard against ‘costs blowouts’ in the case and have urged a judge to ditch a no win, no fee proposal brought by fourth-to-file firm Shine Lawyers.

In a decade-old dispute, Viterra has lost an appeal of a judgment holding it liable to pay Cargill Australia $293 million for misrepresentations about the performance of its malt producer Joe White, which it sold to Cargill for $420 million in 2013.

Pet and livestock drug company Zoetis, which successfully defended a class action over its horse vaccine Equivac, is pressing forward with its claim against the legal team that ran the unfunded case, seeking to recover $500,000 of its $3.8 million legal bill.

A New South Wales developer will mount a challenge to a Full Court decision that tossed the ACCC’s competition case against NSW Ports over an agreement to privatise two ports, arguing the majority ruling was “plainly wrong”.

Telstra and TPG have lost their challenge to the ACCC’s decision refusing authorisation for a $1.8 billion regional network sharing agreement, with the Australian Competition Tribunal finding the deal would increase Telstra’s dominance in the mobile phone market. 

A litigation funder whose cut of a $98 million settlement in franchise class actions against 7-Eleven was slashed in half is challenging a judge’s finding that “strong reasons” exist to refuse it a common fund order.

A judge has approved a $29 million settlement in a class action against Westpac over ‘junk’ consumer credit insurance, a deal that earns the bank’s customers at least $19.6 million.