Competition & Consumer Protection

Hyundai and Kia have been ordered to produce further documents to allow a class action to investigate the nature and extent of alleged engine defects, with a judge rejecting the car makers’ bid to produce only a sample set of documents.

The government has revealed the thresholds for mergers that will need to be reviewed by the Australian Competition and Consumer Commission under reforms that will take effect in 2026, promising to spare small acquisitions.

The Australian Grand Prix Corporation will pay $2.84 million in damages for losses incurred by concert organisers for the cancellation of the 2020 Melbourne Formula One cup and a related Robbie Williams concert during the COVID-19 pandemic.

Carnival PLC has denied that a passenger, whose husband contracted COVID-19 and had to be put on a ventilator, had a “horrible” time aboard the ill-fated Ruby Princess, in a class action’s appeal of a finding that she was only entitled to $4,000 in damages.

A class action against Carnival over a COVID-19 outbreak aboard its Ruby Princess cruise ship has told the Full Court the lead applicant is entitled to damages “far in excess” of the $4,000 awarded by the trial judge for distress and disappointment.

Cruise operator Carnival PLC has mounted a cross-appeal aimed at overturning a judge’s finding that it negligently failed to prevent a COVID-19 outbreak aboard the Ruby Princess cruise ship, telling the Full Court that the primary judge’s findings were not consistent with his reasons.

ASIC has won its bid to appoint receivers to a managed investment scheme run by Keystone Asset Management after expressing “grave concerns” that investor funds were used to pay sports stars and buy a $4.3 million home for its former director.

A class action trial has heard that allegedly flammable Alucobond panels provided by 3A Composites and supplier Halifax Vogel are comparable to petrol and could present an “insurmountable challenge” to containing a fire.

BlueScope Steel is seeking to overturn a record $57.5 million penalty for engaging in attempted price-fixing with flat steel distributors, telling an appeals court that it was simply trying to make its competitors understand “it was in their interests to price differently”. 

A judge has found energy company AGL committed thousands of contraventions of the Retail Rules by continuing to deduct payments from welfare recipients after they had closed their accounts.