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Court rules international passengers can join Scenic Tours class action
Class Actions 2020-03-09 10:41 am By Cat Fredenburgh

International passengers from five countries have been given the go-ahead to join a class action alleging travel agency Scenic Tours owes damages to European cruise passengers forced to take buses when heavy rain flooded waterways to include.

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Judge orders graphic warning for Johnson & Johnson pelvic mesh products
Class Actions 2020-03-06 8:57 pm By Alison Eveleigh

A judge has ordered Johnson & Johnson to include a graphic warning on the patient information leaflets and instructions for use that accompany four of its pelvic mesh products, following a class action over the devices which saw the three lead applicants awarded $2.6 million in damages.

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Country Care fails in appeal of jury directions ruling in criminal cartel case
Competition & Consumer Protection 2020-03-06 4:15 pm By Christine Caulfield

Country Care and two employees have lost an appeal of a first-of-its kind Federal Court ruling on jury directions in a criminal cartel case against the mobile equipment provider.

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Judge keeps competition case against NSW Ports anchored
Competition & Consumer Protection 2020-03-05 5:00 pm By Alison Eveleigh

A maritime development company has failed in its bid to resume its competition lawsuit against NSW Ports, with the Federal Court ordering that the proceedings remained stayed until a similar case brought by the competition regulator is heard.

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‘Disappointed’ ACCC won’t challenge ruling on $15B Vodafone, TPG merger
Competition & Consumer Protection 2020-03-05 9:37 am By Cat Fredenburgh

The Australian Competition and Consumer Commission says it has no grounds to challenge a ruling that found the $15 billion merger of Vodafone with telecommunications rival TPG would not substantially lessen competition.

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Judge says cost agreement void, but approves $2M payday for Maddens in bushfire class action
Class Actions 2020-03-03 11:39 pm By Cat Fredenburgh

A judge has signed off on a $2 million payout for Maddens Lawyers in a class action against electricity provider Powercor over a 2018 St Patrick’s Day bushfire in Victoria that settled last year for $17.5 million, despite finding that the law firm’s cost agreement with group members was void.

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‘An inexact science’: Geowash execs can’t void Thomson Geer costs agreement
Competition & Consumer Protection 2020-03-03 4:48 pm By Cat Fredenburgh

Two executives of car wash franchisor Geowash that were found to be knowingly involved in the company’s unconscionable conduct in its dealings with franchisees have lost their bid to void a costs agreement with law firm Thomson Geer, with a judge calling legal cost estimations “an inexact science”.

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Clive Palmer’s company takes another shot at shutting down class action
Appeals 2020-03-03 12:07 pm By Cat Fredenburgh

A company owned by Clive Palmer is appealing a ruling that denied its bid to temporarily block funding for a class action over the troubled Coolum Palmer Resort.

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ACCC says court must shut down Garuda appeal for ‘deliberate and willful’ $19M fine dodge
Competition & Consumer Protection 2020-03-02 10:07 pm By Miklos Bolza

The ACCC has asked for an interim stay of an appeal by Indonesian airline Garuda, which has yet to pay a $19 million penalty for airline price fixing, telling the court it wanted to give the company another chance to explain its “entirely exceptional” non-compliance.

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Zango hits back at Domain lawsuit, says ads were ‘puffery’
Competition & Consumer Protection 2020-03-02 4:59 pm By Cat Fredenburgh

Property listing startup Zango has denied claims by listing giant Domain that its ads misleadingly represented that it will have listings before any of its rivals, saying the ads amounted to “puffery” but admitting that it self-reported the matter to the ACCC.

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