ASIC takes Amex to court in enforcement first

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ASIC has taken American Express Australia to court over two credit cards co-branded with department store David Jones which the regulator alleges customers mistakenly believed were loyalty cards.

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Boral’s privilege claim upheld over EY investigation in shareholder class action

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Boral has won its bid to shield from shareholders in a class action three investigative reports, including one by accounting giant EY, concerning financial irregularities in the construction company’s North America windows business.

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Telstra on the outs with ACCC over Belong broadband speed claims

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The Australian Competition and Consumer Commission has brought proceedings against Telstra alleging it misled almost 9,000 customers about the upload speed of its budget internet provider Belong. 

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Judge rejects barrister’s fishing expedition in doggie defamation case

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A judge has rejected barrister Gina Edwards’ “somewhat speculative” bid to issue interrogatories to Nine, weeks out from trial in a defamation case brought over the media company’s coverage of her custody battle for famed social media pooch Oscar the cavoodle.

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Contradictor blasts Shine’s ‘wholly unreasonable’ $100M legal bill in J&J class actions

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A contradictor in two pelvic mesh class actions against Johnson & Johnson has opposed Shine Lawyers recovering $100 million in costs from a $300 million settlement, which a judge has preliminarily found is not fair and reasonable to group members.

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As fast food titans go to trial, Hungry Jack’s says its burger ‘clever not deceptive’

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Trial in the battle of the buns has begun, with McDonald’s laying out a case for why its rival’s Big Jack burger infringes its trade mark, and Hungry Jack’s firing back that consumers could not confuse its flame-grilled meal with the iconic Big Mac.

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Oil spill class action funder drops injunction bid against barrister

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A litigation funder has abandoned its case seeking to prevent counsel retained by the lead applicant in the settled Montara oil spill class action from providing independent legal advice.

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Alleged rape victim Brittany Higgins to sue former minister Linda Reynolds

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Former defence minister Linda Reynolds is facing a civil suit by former staffer Brittany Higgins in relation to her alleged rape inside Reynold’s Parliament House office in 2019.

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Westpac can’t keep lid on total premiums paid in ‘junk’ insurance class actions

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Westpac has lost a bid to keep group members in the dark about the premiums paid for allegedly worthless consumer credit insurance, information the bank said could inflate expectations about settlements worth $126 million reached in three class actions.

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