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Insurer may be dragged into Banksia class action after death of cost consultant
Class Actions 2020-10-08 6:01 pm By Christine Caulfield

The cost consultant joined as a defendant in the trial over alleged misconduct by the Banksia class action legal team has died, the second person implicated in the fee scandal to die this year.

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iSelect to pay $8.5M for misleading consumers about energy plans
Competition & Consumer Protection 2020-10-08 3:00 pm By Cat Fredenburgh

A court has ordered comparison website iSelect to pay $8.5 million in penalties for making misleading representations through its online electricity comparison service and pushing plans to consumers that were not necessarily best suited for them.

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Lawyer Alex Elliott was ‘de facto’ solicitor for Banksia class action, judge told
Class Actions 2020-10-06 4:09 pm By Christine Caulfield

Lawyer Alex Elliott was complicit in a plan by his late father to mislead the court and group members in the Banksia class action, to conceal conflicts of interest and to profit from the case at the expense of debenture holders, a judge has been told.

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A tale of two class actions: Helmed by same legal team, Murray Goulburn, Banksia cases chart different paths
Feature 2020-10-05 5:14 pm By Christine Caulfield

The Murray Goulburn class action run by Elliott Legal bears similarities to the Banksia class action, a case rife with scandal and offered up by opponents as proof of the problems with the class action regime. The leading lawyers were the same in both cases. In one they have abandoned any claim to their fees and have walked away from their careers. In the other they walked away with $5 million.

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Merck Sharp & Dohme settles trade mark spat with German drug company
Intellectual Property 2020-10-05 12:45 pm By Cat Fredenburgh

US drug company Merck Sharp & Dohme has settled trade mark litigation brought by German drug maker Merck KGaA alleging it violated a 1970 agreement by using the “Merck” mark in Australia.

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Viagogo slugged with $7M penalty for duping customers on ‘industrial scale’
Competition & Consumer Protection 2020-10-02 2:34 pm By Christine Caulfield

Viagogo has been ordered to pay a $7 million penalty for misleading customers into thinking the ticket reseller was an official vendor and failing to disclose booking fees of around 28 per cent.

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Banksia judge to hear case against lawyer Alex Elliott after appeals court nixes recusal bid
Appeals 2020-10-02 1:54 pm By Christine Caulfield

An appeals court has dismissed a second bid by lawyer Alex Elliott to have the judge overseeing the Banksia class action disqualified from hearing claims that he, like his late father, was party to an alleged fraudulent scheme in running the litigation.

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Employsure defeats ‘untenable’ ACCC case over Google ads, keywords
Competition & Consumer Protection 2020-10-01 6:34 pm By Miklos Bolza

The ACCC has lost its case against Employsure alleging the specialist workplace relations consultancy duped small businesses into signing long-term contracts via several Google ads that promised free workplace advice which appeared to be government-affiliated.

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Google fires back at ACCC data collection suit, says it sought ‘explicit consent in plain terms’
Competition & Consumer Protection 2020-09-29 4:51 pm By Miklos Bolza

Google has rejected claims by the ACCC that it tricked consumers into agreeing to expanded collection of their personal data, saying that it instead sought “explicit consent” from users through an “easy-to-understand opt-in consent mechanism”.

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Proportionality no basis to deny fees in $7M QRxPharma class action settlement, judge says
Class Actions 2020-09-29 3:12 pm By Miklos Bolza

A judge has approved a $7 million settlement in a class action against the directors of pharmaceutical company QRxPharma, only a third of which will go to group members, saying proportionality was not a basis for rejecting fees that were otherwise fair and reasonable.

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