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Corrs ‘mistake’ doesn’t doom ‘potentially quite significant’ evidence in Ford class action
Class Actions 2020-08-05 2:27 pm By Miklos Bolza

A judge has granted a mid-trial bid to bring in “potentially quite significant” new evidence in a class action against Ford over its allegedly defective PowerShift transmissions, finding the failure to file the material earlier was not deliberate but a “mistake” on the part of the lead applicant’s solicitors at Corrs Chambers Westgarth.

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Further pain for AFT as court finds new Maxigesic ads misleading
Competition & Consumer Protection 2020-08-04 4:18 pm By Miklos Bolza

AFT Pharmaceuticals has suffered another blow over its Maxigesic advertisements, with a judge finding the marketing material misled consumers by claiming to provide better, faster and more effective pain relief than paracetamol or ibuprofen.

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Media companies can file evidence of another alleged murder in Roberts-Smith defamation case
Defamation 2020-08-03 2:27 pm By Alison Eveleigh

Media companies that are fighting defamation proceedings over articles that accused decorated war veteran Ben Roberts-Smith of war crimes have won court permission to amend their defence to include evidence the soldier was involved in another alleged murder.

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Maurice Blackburn escapes discrimination case by former client
Employment 2020-07-31 10:01 pm By Alison Eveleigh

A judge has shut down a former Qantas customer service manager’s bid to pursue a disability discrimination case against Maurice Blackburn alleging the law firm put pressure on her to settle her workers compensation case against the airline.

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Commonwealth Bank, Westpac’s BT face potential class actions over insurance ‘rort’
Class Actions 2020-07-31 4:16 pm By Christine Caulfield

Shine Lawyers is investigating two new class actions against Commonwealth Bank of Australia and Westpac’s BT Funds Management over allegedly excessive insurance premiums, a week after filing a similar case against AMP’s life insurance arm.

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Google, Facebook face fines of at least $10M for breaches of ACCC media bargaining code
Media 2020-07-31 12:55 pm By Christine Caulfield

Google and Facebook will face penalties of at least $10 million for breaches of a media bargaining code drafted by the ACCC that aims to create a “level playing field” between Australian media companies and the tech giants.

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‘Extraordinary circumstances’: ACCC blesses Rex’s ongoing coordination with Qantas, Virgin
COVID-19 2020-07-30 3:40 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has extended an authorisation allowing Regional Express to coordinate with Qantas and Virgin on certain regional routines during the coronavirus pandemic. The airlines won interim authorisation from the competition regulator in March to coordinate flight schedules and share revenue on what the ACCC called ten important regional routes. Under…

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ACCC loses appeal in TPG ‘prepayment’ case
Competition & Consumer Protection 2020-07-30 3:13 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has come up short in its challenge to a ruling that dismissed its case against TPG over contract terms that allowed the internet provider to keep customers’ unused prepaid funds on phone or internet plans.

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AMP hit with class action by financial planners
Financial Services 2020-07-29 12:54 pm By Christine Caulfield

AMP has been hit with a cliass action by a group of financial planners over changes to its buyer of last resort policy last year, which cut the number of authoried advisers and retreated from a promise to buy back their businesses at a price based on a set multiple.

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Funder’s fees put in context
Opinion 2020-07-29 10:20 am By Cat Fredenburgh

The Murray Goulburn class action has been cited repeatedly in the current parliamentary inquiry into class actions and litigation funding. For some, the return generated by Omni Bridgeway, which funded the action, is Exhibit A in the case that litigation funders make too much money. To others – including the one person in the best position to judge – it is nothing of the sort, says Clive Bowman of Omni Bridgeway.

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