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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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Jaguar Land Rover faces class action over allegedly defective diesel filters
Automotive 2022-11-24 11:39 pm By Sam Matthews

Car manufacturer Jaguar Land Rover has been hit with a class action alleging it misled drivers over vehicles fitted with defective diesel particulate filters.

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ACCC lays new turf with first standalone concerted practices enforcement outcome
Competition & Consumer Protection 2022-11-24 10:05 pm By Editor

The ACCC has secured its first enforcement outcome related solely to the concerted practices provisions of the competition law, in a case that shows the watchdog is willing to take action to prevent what it sees as anti-competitive practices that include sharing sensitive price information, write Gilbert + Tobin’s Jeremy Jose, Sarah Lynch and Katie Latham.

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$1M penalty against NQ Cranes over cartel agreement gets court’s OK
Competition & Consumer Protection 2022-11-23 5:20 pm By Cat Fredenburgh

A judge has approved a $1 million penalty against Queensland crane company NQ Cranes for engaging in a conspiracy with a multinational rival to divide the Brisbane and Newcastle markets.

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Westpac opposes ‘premature’ notice of $126M class action settlement
Class Actions 2022-11-22 2:19 pm By Sam Matthews

Westpac has objected to several proposed notices going out to group members in a class action over ‘junk’ consumer credit insurance, which three of the Big Four banks have agreed to pay $126 million to settle.

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ASIC calls for $7.5M penalty against defunct funeral insurer that ‘preyed’ on First Nations people
Insurance 2022-11-22 10:45 pm By Cindy Cameronne

ASIC is seeking $7.5 million in penalties against failed ACBF Funeral Plans and parent company Youpla Group for misrepresenting to customers that it was Indigenous-owned and falsely claiming that its products were specifically beneficial to First Nations people.

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Settlement in Montara oil spill class action revealed to be worth $192.5M
Class Actions 2022-11-21 11:39 pm By Cat Fredenburgh

In one of the year’s biggest class action settlements, PTTEP Australasia has agreed to pay $192.5 million to settle a representative action over a 2009 oil spill that affected 15,000 Indonesian seaweed farmers.

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Apple flags fight over consolidation of app store competition class actions
Competition & Consumer Protection 2022-11-18 5:39 pm By Cindy Cameronne

Apple has foreshadowed a challenge in the event two law firms seek to work together on a consolidated class action that alleges both Apple and Google engaged in anti-competitive conduct in operating their app stores.

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Insurer on hook for breast implant class action costs after High Court snub
High Court 2022-11-18 11:18 pm By Cat Fredenburgh

Avant Insurance has lost its bid to challenge a ruling which put it on the hook for indemnifying a plastic surgeon in class action proceedings over allegedly botched breast augmentations at a defunct NSW clinic.

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Sukin accused of misleading consumers with carbon neutral labels
Competition & Consumer Protection 2022-11-16 2:51 pm By Sam Matthews

Eco-conscious Australian skincare company Sukin has been hit with a lawsuit alleging it misled consumers by selling products labelled with a carbon neutral certification it did not hold.

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