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ACCC shuts down Transurban’s bid for Horizon stake
Competition & Consumer Protection 2023-09-21 11:54 am By Cat Fredenburgh

The Australian Competition and Consumer Commission will not sign off on Transurban’s plan to acquire a majority stake in fellow toll road operator Horizon Roads, finding the deal would likely reduce competition for toll road concessions in Victoria.

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Judge approves $6.88M CFO in $25M Fonterra class action settlement
Class Actions 2023-09-21 11:56 pm By Cat Fredenburgh

A judge has approved a common fund order awarding $6.88 million to the funder behind a class action against Fonterra that settled for $25 million, opting not to wait for a much-anticipated appeals court ruling on the power to make CFOs at settlement.

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Care A2 Plus launches cross-claim in $200M dispute with US distributor
Competition & Consumer Protection 2023-09-21 11:10 pm By Christine Caulfield

The rancour is rising between Care A2 Plus and its US business partner Gensco Pharma, with the infant formula company firing off a cross-claim in a lawsuit alleging it breached a lucrative distribution deal.

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ASIC takes Kraken crypto exchange operator to court
Cryptocurrency 2023-09-21 1:29 pm By Christine Caulfield

The corporate regulator has brought proceedings against the Australian arm of Kraken Crypto Exchange, alleging it breached design and distribution obligations for a margin trading product that has lost customers almost $13 million.

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Breast implant class action trial date set over ‘loud protest’
Personal injury 2023-09-21 12:10 pm By Sam Matthews

A class action against a group of surgeons who worked for The Cosmetic Institute over allegedly incompetent breast augmentation procedures has been set down for trial over the “loud protest” of the defendants, with a judge choosing to accommodate the plaintiff’s no win, no fee counsel team. 

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Dan Murphy’s owner’s bid for Mornington Peninsula hotel raises competition concerns
Competition & Consumer Protection 2023-09-21 10:44 pm By Cat Fredenburgh

The competition regulator has again raised concerns about how a planned acquisition by Dan Murphy’s owner Endeavour Group could affect competition in a local market for takeaway liquor. In a statement of issues released Thursday, the Australian Competition and Consumer Commission expressed preliminary worries that Endeavour’s purchase of the Rye Hotel on Victoria’s Mornington Peninsula…

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Record-low GCO rate in Star class action not loss-leading pricing, judge says
Class Actions 2023-09-20 11:33 pm By Christine Caulfield

The winning, 14 per cent contingency fee proposal by Slater & Gordon in a fight to run a class action against Star Entertainment was not driven by a desire to prevail in the contest and buy market share but was the product of a “reasoned decision” that took into account the law firm’s practice as a whole, a judge has found.

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Law firm accused of ‘gazumping’ in fight to run Hyundai, Kia class actions
Class Actions 2023-09-20 3:27 pm By Cindy Cameronne

Class action boutique Bannister Law must bring a formal application to partner with a US-based law firm in proceedings against Hyundai and Kia over allegedly faulty anti-lock braking systems ahead of a fight with Maurice Blackburn to run the cases.

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Judge in Qantas case questions why unions don’t file class actions
Employment 2023-09-20 1:31 pm By Cindy Cameronne

A judge has asked why the union representing Qantas workers did not bring a class action on behalf of 1,700 ground crew who were sacked during the COVID-19 pandemic, as he ordered the airline’s new CEO to attend settlement talks after losing its High Court appeal.

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GM looks to dodge class action costs after settling with lead plaintiff
Automotive 2023-09-20 11:40 pm By Sam Matthews

General Motors could be stuck paying more costs than it bargained for after it settled with the lead plaintiff in a class action over a decision to retire the Holden brand.

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