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‘We must at least try’: Judge says virtual trial will go ahead in Ford class action
Class Actions 2020-04-16 4:55 pm By Cat Fredenburgh

Ford has lost its bid to delay an upcoming virtual trial in a class action over allegedly defective PowerShift transmissions, with a judge saying the parties must try to make a virtual trial work because the current “unsatisfactory” circumstances caused by the coronavirus pandemic could continue for a year or more.

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Payday lender Cigno faces possible predatory lending class action
Class Actions 2020-04-16 2:53 pm By Cat Fredenburgh

Cigno is facing a possible class action over alleged predatory lending practices that were banned by the Australian Securities and Investments Commission last year, one day after losing a courtroom challenge to the ban.

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New toxic foam class action launched on behalf of 40,000 landowners
Class Actions 2020-04-16 3:01 am By Christine Caulfield

Fresh off the back of a $212.5 million settlement in three class actions over the Defence Department’s use of fire-fighting foam, Shine Laywers has launched another class action over the toxic chemical on behalf of 40,000 residents across Australia.

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Facebook, Instagram to seek stay of competition case by Aussie social media startup
Competition & Consumer Protection 2020-04-15 4:26 pm By Miklos Bolza

Facebook and its subsidiary Instagram will call for a stay of a Federal Court competition lawsuit brought by an Australian social media startup as it seeks to arbitrate the matter under Californian law.

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COVID-19 could push Country Care cartel trial to next year
Competition & Consumer Protection 2020-04-15 1:59 pm By Alison Eveleigh

The jury trial for a criminal cartel case against mobility equipment provider Country Care and two employees is unlikely to start before next year due to restrictions on jury trials caused by the coronavirus pandemic, a judge has said.

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Class can’t access insurance docs in action over ‘illusory’ car warranties
Class Actions 2020-04-14 5:23 pm By Miklos Bolza

The applicant in a $47.6 million class action against a unit of car leasing company McMillan Shakespeare has been denied access to insurance documents sought to determine the value of the case, with a judge saying access would “distort the playing field”.

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Bega triumphs again in $60M battle over peanut butter IP rights
Intellectual Property 2020-04-14 3:47 pm By Cat Fredenburgh

Kraft has lost an appeal in its high-stakes legal battle against Bega over the right to use its distinctive peanut butter trade dress in Australia.

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Judge shoots down request for soft closure in breast implants class action
Class Actions 2020-04-14 1:22 pm By Cat Fredenburgh

The plaintiffs in a class action against Dr Eddy Dona, the director of defunct chain the Cosmetic Institute, over allegedly botched breast implants have lost their bid for a ‘soft’ class closure order, with a judge saying the class already had sufficient information to engage in settlement negotiations.

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Seven West sues Bauer to keep $40M acquisition on track
Corporate 2020-04-08 2:44 pm By Cat Fredenburgh

Seven West Media has filed a lawsuit against Bauer Media to compel the German company to complete its planned $40 million acquisition of the Australian media giant’s Pacific Magazines unit.

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Aldi takes another shot at misleading conduct case against TWU
Appeals 2020-04-07 6:01 pm By Miklos Bolza

German grocery store Aldi Foods has appealed a Federal Court decision dismissing its case against the Transport Workers Union on a “legal technicality” despite a finding that material disseminated by the union was likely to mislead.

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