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Telstra faces $50M penalty for ‘exploiting’ Indigenous consumers
ACCC 2020-11-26 4:14 pm By Spencer Fowler Steen Melbourne

Telstra is facing the second highest penalty ever imposed under consumer law for signing up Indigenous customers to post-paid mobile plans, with the ACCC alleging the telco exploited social and cultural vulnerabilities and caused “severe” financial hardship and distress, with one customer scared they would be incarcerated for not paying up.

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Councils win appeal over Telstra smart payphone installation
Appeals 2020-11-20 5:25 pm By Spencer Fowler Steen Melbourne

Telstra has lost an appeal in a case brought by Melbourne, Sydney and Brisbane city councils over a planned upgrade of its payphone network across Australia, with an appeals court pointing to an “apparent paradox” in the telco’s claim it did not need planning permits to install its next generation digital phone booths.

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‘Strained and fanciful’: Court tosses Telstra suit over Optus’ ‘more than ever before’ ads
Andrew Barraclough 2020-09-25 1:52 pm By Cat Fredenburgh Melbourne

Telstra has suffered a defeat in its lawsuit accusing competitor Singtel Optus of violating consumer laws with ads claiming it is “covering more of Australia than ever before”, with a judge calling Telstra’s allegations that the ads implied a comparison with other telcos “strained and fanciful”.

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Battle over counterclaims against group members could change class action landscape
Class Actions 2020-09-21 2:05 pm By Miklos Bolza Sydney

An upcoming legal battle over whether counterclaims can be brought against non-party group members in a class action against a unit of recruiter Tandem could hamper bookbuilding efforts by making class actions less attractive to group members, an expert has told Lawyerly.

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Fight brewing over whether group members can face cross-claims in Tandem class action
Class Actions 2020-09-14 4:07 pm By Miklos Bolza Sydney

A subsidiary of workforce management company Tandem, which contracts with Telstra and Optus, has foreshadowed future cross-claims against group members who claim they were misclassified as contractors and denied employment benefits.

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Foxtel, Optus contractor criticises ‘opportunistic’ new sham contracting class action
Class Actions 2020-08-10 4:16 pm By Miklos Bolza Sydney

Communications and technical services company BSA Limited has slammed as “opportunistic” an employment class action by allegedly underpaid technicians, saying the media was informed of the proceedings before it was.

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Hytera can’t ‘repackage’ deputy director as lay witness to avoid evidence rules on relevance
Angus Lang 2020-08-06 3:39 pm By Miklos Bolza Sydney

A judge has found that Hytera Communications cannot “repackage” evidence given by one of its deputy directors to avoid rules about opinion evidence while defending a copyright infringement case by Motorola Solutions.

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Not OK: Counselling app Lyf accuses smartphone maker Mintt of infringing trade mark for OK hand sign
Buchanan Law Firm 2020-08-04 2:54 pm By Christine Caulfield Melbourne

Counselling app Lyf is suing smartphone maker Mintt for allegedly infringing on a trade mark it owns for the universal OK hand gesture, saying Mintt’s logo is substantially identical to Lyf’s registered mark.

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ACCC loses appeal in TPG ‘prepayment’ case
ACCC 2020-07-30 3:13 pm By Cat Fredenburgh Melbourne

The Australian Competition and Consumer Commission has come up short in its challenge to a ruling that dismissed its case against TPG over contract terms that allowed the internet provider to keep customers’ unused prepaid funds on phone or internet plans.

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Telstra sues Optus over ‘more than ever before’ ad campaign
Clayton Utz 2020-07-28 5:08 pm By Miklos Bolza Sydney

Telstra has filed a lawsuit accusing Singtel Optus of breaching the Australia Consumer Law through ads that claim it is “covering more of Australia than ever before”.

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