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High Court asked to deal death blow to common fund orders
High Court 2020-12-07 4:57 pm By Cat Fredenburgh

Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.

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Kogan hit with $350,000 penalty for misleading TAXTIME promotion
Competition & Consumer Protection 2020-12-07 1:07 pm By Cat Fredenburgh

Online retailer Kogan has been hit with a $350,000 penalty for misleading customers during its 2018 TAXTIME promotion by offering discounts on products whose prices had been inflated, far short of the $2 million penalty sought by the Australian Competition and Consumer Commission.

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ACCC accuses CFMEU, Hutchinson of boycotting non-union subcontractor
Construction 2020-12-04 5:09 pm By Cat Fredenburgh

The ACCC has taken legal action against the CFMEU and national builder J Hutchinson for allegedly boycotting an independent subcontractor at a construction site in Brisbane.

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AMP to tell advisers exiting BOLR program about class action
Class Actions 2020-12-04 12:47 pm By Cat Fredenburgh

The parties in a class action against AMP over changes to its buyer of last resort policy have agreed to a communications protocol making settlement offers and for releases attached to BOLR payments that require exiting financial advisers to waive their claims in the litigation.

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ACCC wins promise from Toyota to step up consumer compliance
Competition & Consumer Protection 2020-12-02 3:59 pm By Spencer Fowler Steen

Car giant Toyota, which is facing a class action over allegedly faulty diesel particulate filters in some of its vehicles, has agreed to step up its compliance with consumer laws, including how it communicates with car owners about mechanical issues.

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ACCC accuses pharma company Alkaloids of price fixing scheme over generic Buscopan
Competition & Consumer Protection 2020-12-01 11:38 am By Christine Caulfield

Pharmaceutical ingredients company Alkaloids of Australia and former export manager Christopher Joyce have been charged over a cartel following a price-fixing investigation by the ACCC linked to the active ingredient in stomach cramp drug Buscopan.

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$50M settlement resolves class action against Vocation, PwC
Class Actions 2020-11-30 9:07 pm By Cat Fredenburgh

A $50 million settlement has been reached in a long-running shareholder class action against defunct vocational training company Vocation that also spawned multiple cross-claims against the failed company’s auditor PricewaterhouseCoopers, law firm Johnson Winter & Slattery and individual directors.

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Google won’t touch user data for 10 years if ACCC blesses $3B Fitbit deal
Competition & Consumer Protection 2020-11-30 3:06 pm By Cat Fredenburgh

Google is seeking to assuage ACCC concerns that its planned $3 billion acquisition of fitness device company Fitbit would further entrench its market power by giving it access to a treasure trove of user data, promising the regulator that it will not use data collected through wearables for advertising purposes for at least 10 years.

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Qube resolves misuse of market power case against Port of Newcastle
Competition & Consumer Protection 2020-11-30 2:29 pm By Cat Fredenburgh

Logistics services provider Qube has resolved a lawsuit that accused the Port of Newcastle of misusing its power in the market for port services by denying Qube’s request to use its own equipment to provide dry bulk unloading services at the port.

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Judge postpones signing off on GetSwift move to Canada until FIRB approval
Corporate 2020-11-27 7:49 pm By Cat Fredenburgh

A judge has indicated she will approve GetSwift’s plans to relocate to Canada, despite concerns raised by ASIC, but will wait until the company has received approval from the Foreign Investment Review Board.

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