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Seven class actions against auto makers that sold cars equipped with defective Takata airbags can allege the car makers’ silence constituted misleading and deceptive conduct.
UK-based retailer fined for misleading Aussie customers about refund rights
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The Australian Competition and Consumer Commission has fined online sporting goods retailer Wiggle $12,600 after the company admitted it likely misled consumers about their rights regarding faulty products.
Penalties in VW class actions could be ‘horrendous’, judge says
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A judge has expressed skepticism of Bannister Law’s plan to hire powerhouse US lawyer Kenneth Feinberg, who oversaw the September 11th victims compensation and BP oil spill funds, to mediate class actions against Volkwagen over its emissions cheating scandal, saying the car maker had shown no interest in settling despite the risk of “horrendous” penalties.
Court approves $6.7M settlement in MacMahon class action
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A judge has signed off on a $6.7 million settlement in a shareholder class action against mining firm MacMahon Holdings that will see group members get $2.4 million, or 35 per cent, of the total sum.
In defeat for IP Australia, Rokt wins patent for computer software
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Rokt has won its bid to patent a digital advertising system, the first major court victory in one of three challenges to IP Australia’s stance on the patentability of computer software.
ASIC won’t eavesdrop on ex-Rio Tinto execs’ US depositions
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The Australian Securities and Investments Commission has promised it will stay away from the depositions of two former Rio Tinto executives in proceedings underway in the US, as it pursues a parallel case over allegedly misleading market statements the mining company made about the reserves of a $4 billion coal acquisition.
ASIC suffers another loss in Westpac dodgy home loan case
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The Australian Securities and Investments Commission has lost a bid to have the Federal Court decide a threshold legal question in its dodgy home loan case against Westpac, which is going to trial after a $35 million settlement got the thumbs down.
ACCC wants $1.5M fine against struggling debt collector
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The consumer watchdog has sought more than $1.5 million in penalties against debt collector ACM Group after the company was found liable for harassing vulnerable customers, but a judge on Tuesday questioned whether the fine, which could leave the company insolvent, was too punitive.
IP Australia to call for dismissal of novel building patent case
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The Commissioner of Patents will seek to toss a case simultaneously challenging its decisions to accept, grant and certify an innovation patent owned by one of Australia’s biggest building product firms.
Workpac gets slap on the wrist in casual worker case
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Labour hire company Workpac has been fined just $1,650 after a groundbreaking Full Federal Court decision that a casual employee could be eligible for annual leave, with a judge saying the low penalty reflected the lack of clarity in the law.