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Lawyers stuck inside by the dreary, cold weather have been keeping busy penning a slew of new suits targeting the likes of Coles, REA and Nine.
Woolworths has told a judge in an underpayments class action where its remediation costs could stretch to $330 million that sending a notice to group members reminding them to keep records would be “premature and potentially misleading”.
A judge has found Coles engaged in misleading and deceptive conduct when advertising products with a 'Down Down' discount, in a win for the consumer regulator and a class action.
Coles, Woolworths, McDonald's and Hungry Jack's have denied underpaying employees in class actions over Sunday pay entitlements in South Australia, saying that if workers were underpaid, they can set off any amounts owed against mistaken overpayments.
A judge has criticised lawyers acting in underpayments cases against Coles and Woolworths for overly lengthy submissions and a lack of cooperation, saying the dispute has gone “off the rails”.
Coles has told a court that its decision to change its discount policies was unsurprising during a period of significant inflation, denying claims by the ACCC that its ‘Down Down’ promotions were misleading.
Coles increased prices on hundreds of products only as part of a plan to later mark them with a ‘Down Down’ promotion, despite the price being lower only weeks before, the ACCC has argued.
Another Coles manager has faced questioning in a case alleging the supermarket giant's 'Down Down' campaign was illusory, admitting the "only reason" for a four-week price jump on quince paste was to enable a discount.
The ACCC has attacked the evidence at trial of a Coles manager who signed off on an alleged misleading discount on dog food, which was sold at a lower price just seven days earlier.
Facing claims it misled customers with its 'Down Down' pricing, Coles has urged the court not to second guess its judgment, but a judge overseeing the case has said competitive pressures do not excuse misleading promotions.