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Court needs novel approaches for class actions or ‘system will collapse’, judge says
Class Actions 2023-03-27 2:15 pm By Cindy Cameronne

A judge overseeing a competition class action against Queensland power companies Stanwell and CS Energy has warned that judges need to be inventive in how they manage large group proceedings, otherwise the “system will collapse”.

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Five years after class action filed, BHP denies knowledge of dam collapse risk
Class Actions 2023-03-27 11:14 pm By Cindy Cameronne

In a class action long delayed by a battle over foreign shareholders, BHP Group has finally filed a defence, denying it misled shareholders over a failed Brazilian dam and saying knowledge about the risk of collapse cannot be imputed to the Melbourne-headquartered energy giant.

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Full Court finds ACCC misstepped by not bringing ‘major failures’ case against Mazda
Appeals 2023-03-23 3:18 pm By Cindy Cameronne

The Australian Competition and Consumer Commission and Mazda have both lost their appeals in a case over the car manufacturer’s ‘appalling’ customer service, with three judges questioning the regulator’s decisions in how it ran the case.

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Developers added to Apple, Google class actions despite conflict concerns
Class Actions 2023-03-23 4:38 pm By Cindy Cameronne

App developers can be added as group members in class actions against Apple and Google alleging they engaged in anti-competitive conduct in operating their app stores, despite Apple’s concerns that the law firm running the case will owe conflicting duties. 

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Mining equipment supplier Qteq denies ACCC’s cartel claims
Competition & Consumer Protection 2023-03-23 9:22 pm By Sam Matthews

Mining equipment company Qteq and its executive chairman Simon Ashton have denied allegations of bid rigging and other cartel conduct levelled by the Australian Competition and Consumer Commission.

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ACCC urged to investigate Etihad for ‘greenwashing’
Climate change 2023-03-23 12:01 am By Cat Fredenburgh

A complaint has been lodged with the Australian Competition and Consumer Commission against Etihad Airways for allegedly making false or misleading statements about its greenhouse gas emissions and plans for achieving net zero emissions.

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On ‘third birthday’ of PwC class action, judge rails against slow progress
Class Actions 2023-03-21 8:33 pm By Cindy Cameronne

A judge has blasted the lack of progress in an investor class action against accounting firm PricewaterhouseCoopers and asset finance lender Axsesstoday over an allegedly misleading $50 million prospectus.

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Carnival class action over norovirus outbreaks faces strike out, declassing bids
Class Actions 2023-03-21 4:32 pm By Sam Matthews

A class action against Carnival over norovirus outbreaks on its Sun Princess cruise ship is facing a strike out bid, with the cruise operator also flagging a declassing application down the line.

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Former ANZ unit says ASIC should ask bank for info in fees for no service case
Financial Services 2023-03-21 8:20 pm By Cindy Cameronne

A judge has rejected arguments by superannuation trustee OnePath Custodians that the corporate regulator must look to former parent company ANZ for evidence in its fees for no service case.

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Tabcorp can access Entain’s legal advice for possible case over NSW pub deal
Gaming 2023-03-15 4:59 pm By Cindy Cameronne

A judge has ordered online bookmaker Entain and the Australian Hotels Association to hand over legal advice concerning their agreement to advertise digital wagering products in NSW pubs so that Tabcorp can decide whether to bring a case. 

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