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‘The game is not worth the candle’: Judge says oral discovery in 7-Eleven class action a waste of time
Class Actions 2021-04-01 5:05 pm By Christine Caulfield

Courts have power to order oral discovery of potential witnesses ahead of trial, according to the judge overseeing two 7-Eleven class actions by franchisees, but the cases against the convenience store giant were not the occasion to exercise the power, he said.

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FE Sports to pay $350,000 penalty for ‘serious’ resale price maintenance
Competition & Consumer Protection 2021-03-24 9:01 pm By Miklos Bolza

Brisbane-based sporting goods wholesaler FE Sports has been fined $350,000 for engaging in resale price maintenance that prohibited dealers from advertising certain products for less than the recommended retail price.

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Peters says competitors had many ways to serve up their ice cream
Competition & Consumer Protection 2021-03-22 1:16 pm By Cat Fredenburgh

Peters Ice Cream has denied claims by the ACCC that it signed an agreement for the exclusive distribution of its single serve ice creams to service stations and convenience stores in order to ice competitors out of the market, saying competitors had many options for serving up their frozen treats to ice cream lovers.

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‘A disappointing result’: Judge approves $25M settlement in Dick Smith class actions
Class Actions 2021-03-17 11:52 pm By Cat Fredenburgh

A judge has approved a “disappointing” $25 million settlement in long-running class action litigation over the collapse of electronics retailer Dick Smith with claims worth hundreds of millions of dollars.

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Lorna Jane says it believed activewear would protect users from COVID-19
COVID-19 2021-03-15 4:40 pm By Cindy Cameronne

Women’s activewear company Lorna Jane has defended ACCC allegations that it represented to consumers during that height of the coronavirus pandemic that its activewear would protect them from viruses including COVID-19, saying it had a reasonable and proper basis for making the claims. 

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ACCC takes swipe at Visa over interchange fees on debit card payments
Competition & Consumer Protection 2021-03-10 1:25 pm By Christine Caulfield

The ACCC has secured a court-enforceable agreement from Visa that it will not tie cheap interchange rates for large retailers to their use of the Visa network for processing debit card payments, after the regulator raised concerns the credit card giant may have engaged in anti-competitive conduct.

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Fuji Xerox loses bid to throw out ACCC’s case over small biz contracts
Competition & Consumer Protection 2021-03-04 7:18 pm By Cindy Cameronne

A judge has refused to summarily dismiss proceedings brought by the ACCC against office supply company Fuji Xerox over allegedly unfair contracts with small businesses.

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On The Run won’t file ‘test case’ appeal of class closure judgment
Class Actions 2021-02-10 4:05 pm By Miklos Bolza

The employing entity behind convenience store chain On the Run has said it will not appeal a judgment tossing a class closure bid prior to mediation, saying that it did not want to launch a “test case” in the Federal Court.

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Mobile retailer TeleChoice faces class action over contract spat with Optus
Class Actions 2021-02-08 6:58 pm By Miklos Bolza

A class action by franchisees against mobile and internet retailer TeleChoice will return to the Victoria Supreme Court next week as group members seek commissions they allege have been withheld while the company battles separate litigation against Optus.

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Judge rejects class closure bid ahead of mediation in On The Run class action
Class Actions 2021-02-08 12:35 pm By Miklos Bolza

A judge has rejected a class closure order application by the lead applicants in a class action against convenience store chain On The Run ahead of mediation, finding that the court does not have power to make such an order at a “relatively early” stage in a class action.

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