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Hyundai, Kia point finger at parts maker in defects class action
Class Actions 2023-07-06 10:29 pm By Cindy Cameronne

Korean car makers Hyundai and Kia have filed their defences in class actions over alleged engine defects, arguing owners cannot bring claims if their vehicles were repaired and that they are not responsible for any faults said to be caused by their manufacturing partner.

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Holden car dealer wins bid for docs on GM’s exit strategy
Automotive 2023-07-06 12:01 pm By Gareth Baker

A former Holden dealer has won the right to see General Motors corporate strategy documents in the five years leading up to Holden’s retirement, in his suit claiming the carmaker’s executives misled him when saying GM was “100% committed” to the line before axing it just a few years later. 

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Broker Openmarkets pays $4.5M penalty over ‘wash’ trades
Securities 2023-07-06 2:18 pm By Sam Matthews

Retail broker Openmarkets has paid the largest ever penalty handed down by ASIC’s markets disciplinary panel, with the regulator also banning its former trading head for three years.

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ACCC takes Secure Parking to court over ‘deceptive’ car spot booking service
Competition & Consumer Protection 2023-07-06 5:00 pm By Cindy Cameronne

The Australian Competition and Consumer Commission has brought proceedings against carpark operator Secure Parking, claiming its duped customers in major cities with its misleading car reservation service.

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AMP financial advisers win class action over BOLR policy changes
Financial Services 2023-07-05 11:08 am By Cindy Cameronne

The lead applicant in a class action against AMP Financial Planning on behalf of 542 advisers has won $813,000 in damages after a judge found it could not retreat from a promise to buy back adviser businesses at four times their revenue. 

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Covidien, TFS pelvic mesh class action settles with remaining defendants
Product Liability 2023-07-05 3:59 pm By Christine Caulfield

A class action over pelvic mesh products supplied by device makers Covidien and TFS has reached a global resolution with the manufacturers and their insurers which brings the recovery total in settled mesh class action close to $450 million.

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Corrs drops client in Peloton trade mark case after fee dispute, court told
Intellectual Property 2023-07-05 1:42 pm By Gareth Baker

Law firm Corrs Chambers Westgarth has ceased acting for Mad Dogg Athletics in its defence against a trade mark lawsuit by Peloton Interactive, one of 27 proceedings the California fitness company is facing across five countries, a court has heard.

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Irritated judge pushes off 2nd junior doctors class action trial
Employment 2023-07-05 4:35 pm By Sam Matthews

A judge has adjourned a trial in a case brought by junior doctors seeking to recoup alleged unpaid overtime, despite noting his annoyance over the applicants’ “180 degree turn” on the question of whether the hearing should await delivery of judgment in a related case.

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AFP can’t get first impression trial in childcare operators’ defamation case
Defamation 2023-07-05 5:25 pm By Gareth Baker

A judge has knocked back a bid by the Australian Federal Police to have an upcoming trial over an allegedly defamatory press conference run on a stripped-back ‘first impression’ basis.

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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Construction 2023-07-04 4:19 pm By Sam Matthews

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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