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ASIC takes Amex to court in enforcement first
Financial Services 2022-12-06 2:06 pm By Sam Matthews

ASIC has taken American Express Australia to court over two credit cards co-branded with department store David Jones which the regulator alleges customers mistakenly believed were loyalty cards.

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Telstra on the outs with ACCC over Belong broadband speed claims
Competition & Consumer Protection 2022-12-06 3:31 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has brought proceedings against Telstra alleging it misled almost 9,000 customers about the upload speed of its budget internet provider Belong. 

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Westpac can’t keep lid on total premiums paid in ‘junk’ insurance class actions
Class Actions 2022-12-05 11:34 pm By Sam Matthews

Westpac has lost a bid to keep group members in the dark about the premiums paid for allegedly worthless consumer credit insurance, information the bank said could inflate expectations about settlements worth $126 million reached in three class actions.

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Grant Thornton sued by Quantum Graphite over 14-month trading suspension
Professional Negligence 2022-12-02 10:56 pm By Cindy Cameronne

Mining company Quantum Graphite has filed proceedings against accounting firm Grant Thornton over a 2020 report that caused the Australian Stock Exchange to suspend trading in the mining company’s securities for 14 months.

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JD Group wins partial appeal in couple’s case over $10M off-the-plan apartment
Appeals 2022-12-02 2:44 pm By Christine Caulfield

Developer JD Group has scored a partial win in its challenge to a damages award to a Melbourne couple over a “deliberately misleading” rendering of a $9.6 million apartment, with a judge saying the case showed the “inherent risk” in buying apartments off-the-plan.

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ACCC flags ‘significant concerns’ with Cochlear’s $170M acquisition of Oticon Medical
Corporate 2022-12-01 5:09 pm By Christine Caulfield

The competition regulator has detailed “significant” concerns with Cochlear’s proposed acquisition of Oticon Medical, saying Thursday a tie-up would cut to three the number of cochlear implant suppliers in Australia.

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Judge slashes law firm’s uplift in Box Hill Institute class action
Class Actions 2022-11-30 11:18 pm By Cat Fredenburgh

A judge has approved a $33 million settlement in a class action against vocational education provider Box Hill Institute, but taken the ax to a law firm’s proposed 18.25 per cent loading on its fees, saying courts shouldn’t approve uplifts for run of the mill legal work.

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Buscopan cartel yields $2M penalty, landmark sentence for exec
Competition & Consumer Protection 2022-11-29 4:01 pm By Cat Fredenburgh

A judge has hit Alkaloids of Australia with a nearly $2 million penalty for engaging in cartel conduct and sentenced its former export manager to a term of imprisonment for his involvement in fixing prices for a key chemical in anti-spasmodic drug Buscopan.

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Abandoned soccer match between Scottish rivals spawns $3M suit
Sports 2022-11-29 3:07 pm By Cindy Cameronne

Australian sports promoters TEG Live and Left Field Live have sued Scottish football team the Rangers for at least $3 million after the club allegedly backed out of a Sydney match with rival Celtic.

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Court can’t use general power under class action regime to dispense with opt out notice, judge says
Class Actions 2022-11-25 10:26 pm By Sam Matthews

A judge overseeing the Montara oil spill class action has found the Federal Court’s broad discretion under the class action regime is “outflanked” by the need to give group members a chance to opt out. But resolving that question on Thursday — which has divided the courts — caused a further wrinkle ahead of a hearing to weigh a settlement in the case.

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