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High Court rejects Western Power appeal in bushfire class action
High Court 2022-12-07 4:57 pm By Sam Matthews

The High Court has unanimously dismissed Western Power’s challenge to a judgment which found the state-owned electricity supplier breached its duty of care to inspect power poles on private land and was partly liable for property damage from the 2014 Perth Hills bushfire.

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Judge shaves $5M off agreed penalty in ACCC case against Uber
Competition & Consumer Protection 2022-12-07 11:14 am By Sam Matthews

A judge has imposed a $21 million penalty on Uber for misleading customers through platform-wide cancellation messages and estimated fares on its Uber Taxi option, $5 million short of the “very substantial” sum jointly agreed by the parties.

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Telstra on the outs with ACCC over Belong broadband speed claims
Competition & Consumer Protection 2022-12-06 3:31 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has brought proceedings against Telstra alleging it misled almost 9,000 customers about the upload speed of its budget internet provider Belong. 

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Contradictor blasts Shine’s ‘wholly unreasonable’ $100M legal bill in J&J class actions
Class Actions 2022-12-05 11:15 pm By Cindy Cameronne

A contradictor in two pelvic mesh class actions against Johnson & Johnson has opposed Shine Lawyers recovering $100 million in costs from a $300 million settlement, which a judge has preliminarily found is not fair and reasonable to group members.

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As fast food titans go to trial, Hungry Jack’s says its burger ‘clever not deceptive’
Trials 2022-12-05 10:12 pm By Christine Caulfield

Trial in the battle of the buns has begun, with McDonald’s laying out a case for why its rival’s Big Jack burger infringes its trade mark, and Hungry Jack’s firing back that consumers could not confuse its flame-grilled meal with the iconic Big Mac.

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Westpac can’t keep lid on total premiums paid in ‘junk’ insurance class actions
Class Actions 2022-12-05 11:34 pm By Sam Matthews

Westpac has lost a bid to keep group members in the dark about the premiums paid for allegedly worthless consumer credit insurance, information the bank said could inflate expectations about settlements worth $126 million reached in three class actions.

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Grant Thornton sued by Quantum Graphite over 14-month trading suspension
Professional Negligence 2022-12-02 10:56 pm By Cindy Cameronne

Mining company Quantum Graphite has filed proceedings against accounting firm Grant Thornton over a 2020 report that caused the Australian Stock Exchange to suspend trading in the mining company’s securities for 14 months.

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Judge doubts barrister’s claims in ex-commando’s defamation case against ABC
Defamation 2022-11-30 10:28 pm By Cindy Cameronne

A judge has raised doubts about ex-commando Heston Russell’s barrister’s claims that it “screamed from the page” of an allegedly defamatory ABC article that her client committed war crimes.

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‘Banks aren’t perfect’: Judge tosses ASIC’s case against CBA over monthly account fees
Financial Services 2022-11-29 4:50 pm By Sam Matthews

ASIC has lost a case accusing the Commonwealth Bank of Australia of hitting customers with $55 million in unauthorised fees, with a judge finding that nearly 1 million customers charged the fees should have known that even banks “sometimes make mistakes”.

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Prosecutors lose challenge to time limit in criminal case against ME Bank
Financial Services 2022-11-29 3:39 pm By Christine Caulfield

Federal prosecutors pursuing a case against Members Equity have lost an appeal of a ruling that threw out half the charges against the direct bank as time barred, with an appeals court finding the ASIC Act imposes a hard deadline for bringing a criminal case of misleading or deceptive conduct.

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