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Class can’t access insurance docs in action over ‘illusory’ car warranties
Baker McKenzie 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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Citing coronavirus, judge orders limited discovery in ANZ, Westpac ‘junk’ insurance class actions
ANZ 2020-04-03 11:18 pm By Christine Caulfield

Noting the challenge of searching for documentary evidence while employees are working from home, a judge overseeing two consumer class actions against ANZ and Westpac has directed the banks to hand over only a limited number of documents to the applicants, and given them extra time to do it.

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Country Care criminal trial date in jeopardy as defence calls for Full Court review
Alice Muhlebach 2019-12-18 6:22 pm By Christine Caulfield

A six-week trial scheduled for February in a criminal cartel case against mobile equipment provider Country Care Group could be vacated a second time as lawyers for the defendants seek to appeal the judge’s planned directions to a jury in the groundbreaking case.

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After ASIC raises ire, judge sets down new rules for regulators in his court
Agriculture 2019-10-04 10:46 pm By Christine Caulfield

ASIC and other government regulators bringing enforcement action in the docket of one Federal Court judge must abide by a strict new protocol to prevent a repeat of the corporate watchdog’s “wait and see” strategy in a case against ex-Murray Goulburn directors that came close, the judge said, to bringing the administration of justice into disrepute.

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NSW Ports slams ACCC’s competition constraint claims as ‘slight or hypothetical’
Alice Muhlebach 2019-07-19 3:38 pm By Miklos Bolza

NSW Ports Operations has denied claims that an agreement for the privatisation of its subsidiaries Port Botany and Port Kembla stymied competition, describing the allegations made by the Australian Competition and Consumer Commission as “slight or hypothetical”.

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GetSwift class action to get in line behind ASIC case
Class Actions 2019-04-04 8:27 pm By Miklos Bolza

A judge has agreed to postpone a trial against logistics provider GetSwift until next year when a class action and a lawsuit by the Australian Securities and Investments Commission related to the company’s disclosures will be heard consecutively rather than concurrently.

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ASIC to go after GetSwift’s former general counsel
Class Actions 2019-03-19 7:59 pm By Miklos Bolza

The Australian Securities and Investments Commission wants to add GetSwift’s former inhouse lawyer as a respondent in its enforcement action against the logistics company, as debate rages over whether a class action against the company should be postponed.

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NSW Ports pans ACCC for ‘vague’ competition case
Australian Government Solicitor 2018-12-20 2:40 pm By Miklos Bolza

NSW Ports has criticised the Australian Competition and Consumer Commission for expecting the company to file a defence to the regulator’s allegations of anti-competitive conduct from a concise statement it panned as “vague”.

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