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‘Time for commercial reality to bite’: Judge orders class closure in Takata air bags class actions
Class Actions 2019-11-01 3:30 pm By Cat Fredenburgh

The judge overseeing seven class actions against some of the world’s largest car makers over defective Takata airbags has ordered that class closure take place in advance of mediation, saying it was “time…for commercial reality to bite”.

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ASIC sues former ANZ financial planner, advice firm in latest post-Hayne case
Financial Services 2019-10-31 10:09 pm By Miklos Bolza

The Australian Securities and Investments Commission has brought legal action against a financial planner and advice firm formerly owned by ANZ Bank after they were examined as a Royal Commission case study on “bad advice”.

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CSIRO scientist hit on backside with riding crop was not sexually harassed, judge says
Employment 2019-10-31 5:38 pm By Miklos Bolza

A scientist alleging she was fired from the CSIRO for filing sex discrimination and sexual harassment complaints has had the majority of her lawsuit against the government body dismissed, with the court finding she fabricated evidence and that an incident in which she was slapped on the backside with a riding crop by her supervisor and told to “get back to work” did not amount to sexual harassment.

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Mazda gave buyers of defective vehicles the ‘run around’, ACCC says
Competition & Consumer Protection 2019-10-31 1:53 pm By Cat Fredenburgh

Japanese auto maker Mazda is facing regulatory action from the Australian Competition and Consumer Commission for allegedly refusing to provide purchasers of defective vehicles with a full refund or no-cost replacement, amid a continuing threat of a possible class action over alleged defects in certain vehicles.

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In watershed Google case, ACCC faces familiar challenge
Analysis 2019-10-30 11:22 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission’s high-stakes case against Google is the first of its kind worldwide targeting the tech giant’s data collection practices. The ACCC is in familiar territory in bringing a front-page legal challenge under the consumer laws that will require it to prove misleading conduct by silence, but if recent losses by the regulator are any guide, it could face an uphill battle.

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Court may scrap expanded class definition in Ethicon pelvic mesh case as judgment looms
Class Actions 2019-10-30 10:52 pm By Miklos Bolza

An impending judgment in the long-running class action against Johnson & Johnson unit Ethicon over allegedly defective pelvic mesh implants has sent the parties scrambling about opt out notices and the Federal Court considering reversing prior orders that expanded the group definition.

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Westpac lending class action gets makeover after ASIC loss
Financial Services 2019-10-30 4:07 pm By Christine Caulfield

A class action accusing Westpac of issuing unsuitable home loans is pushing forward with overhauled pleadings after the corporate watchdog lost a related regulatory action, and the class now says it was enough that the bank failed to account for borrowers’ so-called essential expenses.

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Fair Work Ombudsman ‘shocked’ after Woolworths reveals $300M staff underpayment
Employment 2019-10-30 2:07 pm By Christine Caulfield

The Fair Work Ombudsmand has vowed to hold Woolworths to account after the supermarket giant disclosed Wednesday it had underpaid thousands of employees up to $300 million and was “deeply sorry”.

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‘A point of high principle’: Funder argues it shouldn’t face costs for failed Airservices class action
Employment 2019-10-29 9:42 pm By Miklos Bolza

The litigation funder that backed a now dismissed class action against aviation service provider Airservices has argued funders should not face costs orders in Fair Work class actions, with a judge saying the debate raised “a point of high principle”.

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Litigation funder throws off lawsuit seeking cut of $5M class action fee
Business of Law 2019-10-29 4:07 pm By Cat Fredenburgh

Lawfinance, formerly known as Just Kapital, has won summary dismissal of a lawsuit initiated by its founder seeking a piece of the funder’s $5 million cut of the $16.85 million Wickham securities class action settlement.

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