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Court to determine Sony Playstation penalty without hearing
ACCC 2020-03-25 12:15 pm By Cat Fredenburgh Melbourne

A hearing has been vacated in ACCC proceedings brought against Sony alleging it misled gamers who purchased faulty PlayStation games, with any penalty the entertainment company should face to be decided by the court on written submissions alone as it seeks to avoid in-person hearings.

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Boral hit with shareholder class action over US business disclosures
Class Actions 2020-03-24 9:13 pm By Cat Fredenburgh Melbourne

Construction giant Boral is facing a shareholder class action for allegedly failing to disclose financial irregularities in its US windows business.

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Coronavirus claims first retail victim as Tigerlily files for administration
Restructuring & Insolvency 2020-03-23 5:07 pm By Cat Fredenburgh Melbourne

Australian swimwear retailer Tigerlily has filed for voluntary administration, citing unfavourable conditions for retailers as the coronavirus pandemic shutters all but non-essential services in major states.

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ASIC to shift regulatory priorities amid pandemic
APRA 2020-03-23 1:19 pm By Cat Fredenburgh Melbourne

The Australian Securities and Investments Commission will continue its enforcement activities amid the spread of the coronavirus but will prioritise cracking down on behaviour that threatens “immediate consumer harm”.

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Former Russells solicitor resolves case against firm
Business of Law 2020-03-20 9:45 pm By Cat Fredenburgh Melbourne

A former Russells restructuring and insolvency lawyer has resolved a lawsuit alleging the firm tried to manufacture a reason to terminate his unemployment.

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Litigating in the age of coronavirus: The Dick Smith trial goes virtual
Class Actions 2020-03-20 7:15 pm By Cat Fredenburgh Melbourne

Six law firms are working on a consolidated trial of multiple class actions over the collapse of retailer Dick Smith, but when the trial opened in the NSW Supreme Court this week, a lone barrister appeared in court before Justice Michael Ball, amid a sea of empty bar tables. Most of the hearing’s participants joined through a virtual courtroom while members of the public were invited to watch the trial unfold on a YouTube live stream. Welcome to litigating in the age of the coronavirus.

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‘Free the flag’: Copyright dispute over Aboriginal flag looms
Article 2020-03-19 11:42 pm By Cat Fredenburgh Melbourne

A company that holds the copyright for the Aboriginal flag may file a lawsuit against a website that sells flags featuring the design with the words ‘Free the flag’ in the middle.

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AFT loses challenge to ruling over ‘misleading’ Maxigesic ads
Alastair Vincent 2020-03-19 9:07 pm By Cat Fredenburgh Melbourne

AFT Pharmaceuticals has lost its challenge to a ruling that ads claiming its painkiller Maxigesic is more effective than Nuremol were misleading and deceptive, with the Full Federal Court saying the primary judge did not err in finding the ads lacked an adequate scientific basis.

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Tandem unit loses bid to de-class ‘sham’ contracting class action
Class Actions 2020-03-18 2:43 pm By Cat Fredenburgh Melbourne

A unit of Telstra contractor Tandem has lost its bid to de-class a ‘sham’ contracting class action brought on behalf of telecommunications workers who claim they were denied benefits by being misclassified as contractors.

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ACCC says cancellations due to COVID-19 could impact consumer rights
ACCC 2020-03-18 12:51 pm By Cat Fredenburgh Melbourne

The Australian Competition and Consumer Commission has issued guidelines on consumers’ rights to refunds if a flight or event is shuttered due to the coronavirus, saying consumer guarantees could be affected if cancellation are caused by government restrictions.

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