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Domino’s loses bid to strike out underpayments class action
Class Actions 2021-04-13 10:35 pm By Cindy Cameronne

A judge has dismissed an application by Domino’s Pizza to strike out the pleadings in a class action accusing the pizza giant of making misleading and deceptive representations to franchisees which caused drivers to be underpaid.

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Johnson & Johnson asks High Court to review landmark pelvic mesh ruling
Product Liability 2021-04-09 2:29 pm By Cat Fredenburgh

A Johnson & Johnson unit wants the High Court to review the Full Federal Court’s rejection of its challenge to a landmark class action ruling that found the company’s pelvic mesh implants were defective and that it failed to adequately warn about their risks.

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Climate change case should not be run as a class action, government argues
Class Actions 2021-04-08 4:51 pm By Miklos Bolza

The Commonwealth of Australia is seeking to remove all references to representative proceedings from a class action pleading that alleges the government failed to disclose the impacts of climate change to investors in sovereign bonds.

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Judge cuts class action applicant’s recovery under $19.25M Arasor settlement
Class Actions 2021-04-08 2:38 pm By Miklos Bolza

A judge has cut the money owed to the lead applicant in a securities class action against the directors and auditors of laser technology company Arasor from a $19.25 million settlement after a failed attempt to “re-litigate” a dispute over almost $400,000 in GST refunds.

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Telco Superfone hit with $300,000 fine for ‘predatory’ telemarketing practices
Competition & Consumer Protection 2021-03-26 4:45 pm By Cindy Cameronne

A judge has ordered telecommunications reseller Superfone to pay a $300,000 penalty in proceedings brought by the ACCC for misleading customers and making unsolicited telemarketing phone calls, even though the penalty may push the company into insolvency.

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‘Hardly seems worth the powder and the shot’: Judge asks why ASIC still pursuing CBA MySuper case
Financial Services 2021-03-24 3:00 pm By Cindy Cameronne

A judge has questioned why ASIC is still pursuing its case CBA unit Colonial First State over statements made to 12,000 fund managers during the transition to MySuper accounts, after the bank admitted it misled members in 61 of the 80 phone calls at the heart of the case.

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‘That is not how this court works’: Judge tosses Zarah Garde-Wilson’s case against Google
Defamation 2021-03-18 12:23 pm By Miklos Bolza

A judge has dismissed a case run by gangland lawyer Zarah Garde-Wilson seeking details from Google about the identity of an online reviewer after criticising her instructing solicitor’s “incoherent arguments” and late filed submissions.

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Johnson & Johnson unit loses high-stakes appeal in pelvic mesh class action
Appeals 2021-03-05 11:34 am By Miklos Bolza

The Full Federal Court has tossed an appeal by Johnson & Johnson unit Ethicon challenging a landmark decision that put it on the hook for paying damages to 10,000 women who suffered injury through defects in its prolapse mesh and incontinence tape implants.

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ACCC to sink allegations Samsung had no reasonable grounds for waterproof claims
Competition & Consumer Protection 2021-03-03 4:27 pm By Spencer Fowler Steen

The Australian Competition & Consumer Commission has retreated from its claim Samsung Electronics allegedly made false, misleading and deceptive representations when marketing the water resistant capabilities of its Galaxy smartphones without reasonable grounds.

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J&J slammed for ‘wreckage’ of a case in pelvic mesh class action appeal
Class Actions 2021-02-03 3:39 pm By Miklos Bolza

A group of women harmed by pelvic mesh devices produced by Johnson & Johnson have accused it of persisting with a “wreckage” of a case in which one of its own doctors admitted the pharmaceutical company knew of the risks posed by the implants at they time they were sold worldwide.

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