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Ten sued over report on man killed by silicone genital injections
Defamation 2019-10-31 9:43 pm By Miklos Bolza

Network Ten is being sued for defamation for a report that aired on hit TV show The Project investigating the death of an Australian man alleged to have been in a “master/servant relationship” revolving around extreme body manipulation and who died as a result of silicone genital injections.

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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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ACCC wants stay of Garuda appeal as airline refuses to pay $19M fine
Appeals 2019-10-29 8:59 pm By Miklos Bolza

The Australian Competition and Consumer Commission is seeking a stay of an appeal by PT Garuda Indonesia while the airline’s $19 million fine May for engaging in cartel conduct remains unpaid.

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AMP says ‘patronising’ former GC did not expose fees for no service practice
Employment 2019-10-29 2:55 pm By Christine Caulfield

The former AMP general counsel who alleges she was bullied and sacked for complaining about the wealth manager’s fees for no service was not a whistleblower, but just one of many employees who raised concerns about the practice, the firm has said in a defence to the fired lawyer’s $2.7 million lawsuit.

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Group members left with less than half of $18M UGL class action settlement
Class Actions 2019-10-29 1:50 pm By Christine Caulfield

UGL shareholders that signed up to a class action against the engineering company over disclosures related to its Ichthys power plant contract will get less than half of an $18 million settlement, even after the litigation funder takes a steep cut to its 30 per cent commission and the plaintiff’s firm caps its fees.

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