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Mobile retailer TeleChoice faces class action over contract spat with Optus
Class Actions 2021-02-08 6:58 pm By Miklos Bolza Sydney

A class action by franchisees against mobile and internet retailer TeleChoice will return to the Victoria Supreme Court next week as group members seek commissions they allege have been withheld while the company battles separate litigation against Optus.

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Judge rejects class closure bid ahead of mediation in On The Run class action
Adero Law 2021-02-08 12:35 pm By Miklos Bolza Sydney

A judge has rejected a class closure order application by the lead applicants in a class action against convenience store chain On The Run ahead of mediation, finding that the court does not have power to make such an order at a “relatively early” stage in a class action.

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$25M settlement reached in Dick Smith class actions
Class Actions 2021-01-22 11:50 am By Cat Fredenburgh Melbourne

A $25 million settlement has been reached in three long-running shareholder class actions over the collapse of electronics retailer Dick Smith, under which the funders that backed the litigation will not recover their costs and shareholders recoveries will be small.

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Kogan fined $310,800 for violating spam laws
ACCC 2021-01-20 9:24 pm By Cat Fredenburgh Melbourne

Online retailer Kogan has been fined $310,800 for sending marketing emails to more than 42 million consumers without an easy way to unsubscribe, in violation of spam laws.

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Lorna Jane faces ACCC action over anti-virus activewear claims
ACCC 2020-12-21 3:58 pm By Spencer Fowler Steen Melbourne

The ACCC has taken legal action against women’s activewear company Lorna Jane for allegedly representing to consumers during the height of the coronavirus pandemic in Australia that its anti-virus activewear would protect them from viruses, including COVID-19.

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Amazon discriminated against pregnant job applicant, lawsuit claims
Amazon 2020-12-18 3:11 pm By Spencer Fowler Steen Melbourne

A job applicant has taken e-commerce giant Amazon to court for allegedly violating the Fair Work Act by refusing to give her a job because was pregnant.

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Designer drops ‘ill-advised’ lawsuit over bikini style trade mark
Actuate Legal 2020-12-10 9:57 pm By Cat Fredenburgh Melbourne

Women’s fashion designer Pinnacle Runway has cut its losses and dropped its challenge to a ruling that found a rival’s use of the name ‘Delphine’ to describe a bikini style did not constitute trade mark infringement, after a judge hit the company with indemnity costs for pursuing the ‘ill-advised’ lawsuit.

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Gap wins opposition to ‘clothing the gap’ trade mark by Aboriginal rights group
Intellectual Property 2020-12-09 4:56 pm By Spencer Fowler Steen Melbourne

International retail giant Gap has successfully opposed the registration of ‘clothing the gap’ as trade mark by an Aboriginal-owned social enterprise company which campaigns to improve the lives of Aboriginal people.

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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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Kogan hit with $350,000 penalty for misleading TAXTIME promotion
ACCC 2020-12-07 1:07 pm By Cat Fredenburgh Melbourne

Online retailer Kogan has been hit with a $350,000 penalty for misleading customers during its 2018 TAXTIME promotion by offering discounts on products whose prices had been inflated, far short of the $2 million penalty sought by the Australian Competition and Consumer Commission.

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