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Court approves one of the first video opt out notices in a class action
Class Actions 2020-10-30 10:12 pm By Miklos Bolza

The Federal Court has approved what is thought to be only the second ever audio-visual opt out notice in a class action, a move that will make it easier for group members to find out about class actions they may be eligible for.

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Personal injury firm raises ‘serious concerns’ about irregularity of fees class action
Class Actions 2020-10-28 1:04 pm By Cat Fredenburgh

A personal injury law firm is seeking to shut down a class action alleging it charged clients unreasonable fees, telling the court that there were “serious concerns” about the irregularity of the proceedings and the conduct of the lawyer running it.

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CFMEU wins Full Court challenge to ‘serial offender’ penalty
Employment 2020-10-16 11:52 pm By Christine Caulfield

A history of serial offending by the CFMEU could be factored into a court’s finding on the gravity of later breaches of the Fair Work Act, but not to the extent that the union pays a disproportionate penalty, the Full Federal Court has found in a significant ruling that settles conflicting case law.

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Fifty horse owners saddle up for credibility attack at Zoetis class action trial
Class Actions 2020-10-07 3:54 pm By Miklos Bolza

Fifty horse owners may face cross-examination regarding adverse effects allegedly caused by Zoetis’ Hendra virus vaccine, with the company warning a four-week hearing scheduled to begin in March may be insufficient to deal with the horse owners’ evidence.

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Full Court trashes ACCC appeal over Woolworths ‘eco’ picnic products
Competition & Consumer Protection 2020-09-29 7:03 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has lost its appeal of a ruling that found Woolworths’ environmental claims for its ‘Select Eco’ line of compostable plates, bowls and cutlery were accurate, not false and misleading.

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$1.9M Appco class action settlement to provide ‘limited’ recovery for charity workers
Employment 2020-08-26 1:40 pm By Cat Fredenburgh

A $65 million sham contracting class action against fundraising company Appco has settled for just $1.9 million, leaving the company’s allegedly underpaid army of sales staff with “limited” recoveries of between $770 and $2,320.

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VW rightly hit with $125M fine after ‘starving’ judge of evidence, court told
Competition & Consumer Protection 2020-08-12 9:50 pm By Miklos Bolza

An appeals court has been urged to uphold a judge’s $125 million penalty against Volkswagen in the ACCC’s case over the car maker’s emissions cheating, with a court-appointed contradictor saying the judge was “starved” of the information he required to assess whether a $75 million agreement brokered by the consumer watchdog was reasonable.

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ABC acted with malice in ‘set up’ of Racing NSW head, court hears
Defamation 2020-08-11 6:08 pm By Alison Eveleigh

In airing a ‘7:30′ segment that revealed racehorses were being slaughtered in violation of industry rules, the ABC acted with malice in what was a “set up” designed to make the head of Racing NSW “look bad”, a court has heard.

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Fundraiser Appco settles ‘sham’ contracting class action
Class Actions 2020-08-04 11:48 am By Miklos Bolza

Fundraising company Appco has reached a settlement to resolve a class action alleging it misclassified its army of sales people as independent contractors.

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Lead applicant in horse vaccine class action told to ‘put up or shut up’
Class Actions 2020-07-07 9:03 pm By Miklos Bolza

Global animal health company Zoetis has told the lead applicants in a class action over horse vaccines to “put up or shut up” and produce evidence disclosing an alleged scientific link between the hendra virus vaccine and certain alleged adverse side effects.

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