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Jump swim school hit with $23M penalty for ‘very serious’ consumer law breaches
ACCC 2021-05-20 4:47 pm By Miklos Bolza Sydney

The failed franchisor behind the Jump Swim Schools brand has been hit with a $23 million penalty for what a Federal Court judge found were “very serious” consumer law contraventions.

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Westpac gets lion’s share of proceeds from ‘anxious’ sale of collapsed fintech Sargon Group
Andrew Roe 2021-04-26 4:04 pm By Miklos Bolza Sydney

Westpac will recoup the majority of proceeds from the $29.6 million sale of collapsed fintech Sargon Group, with a judge calling the company’s liquidators “anxious sellers” who sold at speed and well below market value.

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Telco Superfone hit with $300,000 fine for ‘predatory’ telemarketing practices
Caryn Van Proctor 2021-03-26 4:45 pm By Cindy Cameronne Sydney

A judge has ordered telecommunications reseller Superfone to pay a $300,000 penalty in proceedings brought by the ACCC for misleading customers and making unsolicited telemarketing phone calls, even though the penalty may push the company into insolvency.

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Facebook still California dreaming in legal battle with startup
Appeals 2021-02-04 3:50 pm By Cat Fredenburgh Melbourne

Facebook and its subsidiary Instagram are pushing for a competition dispute brought by an Australian social media startup to be heard on their home turf in the state of California.

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Trial in Country Care case faces delay as COVID-19 restrictions keep judge, lawyers in NSW
Competition & Consumer Protection 2021-01-21 1:10 pm By Spencer Fowler Steen Melbourne

The jury trial in a criminal cartel case against mobility equipment provider Country Care and two employees could be delayed due to coronavirus restrictions, as a majority of the parties, located in NSW, wait for restrictions to ease in order to travel to Victoria, a court has heard.

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Facebook, Instagram waived right to arbitrate startup’s competition case
Competition & Consumer Protection 2020-12-23 6:41 pm By Cat Fredenburgh Sydney

Facebook and its subsidiary Instagram have lost a bid to shut down a lawsuit brought by an Australian social media startup, with a judge finding the digital giants relinquished their right to move the dispute to California.

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High Court asked to deal death blow to common fund orders
7-Eleven 2020-12-07 4:57 pm By Cat Fredenburgh Melbourne

Convenience store chain 7-Eleven has asked the High Court to find courts do not have the power to make common fund orders at settlement or judgment in a class action, one year after the High Court ruled common fund orders could not be made in the early part of a representative proceeding.

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Citing dangers of ‘hypothetical postulation’, Full Court declines to answer common fund order question
7-Eleven 2020-11-03 3:25 pm By Miklos Bolza Sydney

The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…

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7-Eleven says courts have no power to ever make a common fund order
7-Eleven 2020-10-27 11:51 pm By Christine Caulfield Melbourne

The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.

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Contradictor in 7-Eleven class action backs court’s power to make CFOs
7-Eleven 2020-10-20 3:51 pm By Miklos Bolza Sydney

A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.

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