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ACCC takes car rental company to court for threatening customers
Competition & Consumer Protection 2019-04-18 5:31 pm By Christine Caulfield

The consumer watchdog has brought legal action against Australian 4WD Hire, accusing the car rental company of charging customers for damage to vehicles without evidence of damage, and threatening to slap on extra charges to customers who complained.

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Airservices managers left worse off under individual contracts, class action trial hears
Adero Law 2019-04-02 9:31 pm By Miklos Bolza

Lawyers for a class action against the Federal Government-owned Airservices told a court Tuesday that higher salaries on individually negotiated management contracts did not leave managers better off than they would have been under relevant collective enterprise agreements.

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DP World, Hutchinson Ports, VICT to lose unfair contract terms following ACCC probe
Article 2019-04-02 12:14 pm By Cat Fredenburgh

Container stevedore companies DP World Australia, Hutchison Ports Australia and Victoria International Container Terminal have agreed to change their standard form contracts with land transporters after the ACCC raised concerns that some terms of the agreements may violate the Australian Consumer Law.

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Two GetSwift shareholders opt out of class action, say company should put ‘legal obstacles’ behind it
Class Actions 2019-04-01 12:51 pm By Cat Fredenburgh

GetSwift shareholders Clutterbuck Capital Management and KPT Capital have opted out of a class action against the logistics services provider, blasting the “inappropriate and questionable” actions by some involved in the class action proceedings.

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Trial in novel employment class action against Airservices set to begin
Adam Hochroth 2019-03-29 8:39 pm By Miklos Bolza

Trial in a class action over employment contracts for Airservices’ managers that allegedly left the staff worse off than relevant enterprise agreements kicks off Tuesday, with the parties first battling it out over whether the agreements even cover the employees.

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Fair Work Ombudsman ‘overreacted’ in wage case against Transpetrol, judge says
Employment 2019-03-27 9:30 pm By Christine Caulfield

A judge has told off the Fair Work Ombudsman for seeking penalties of up to $94,000 in a case alleging Norwegian shipping company Transpetrol underpaid seafarers more than $255,000 in wages, saying she “overreacted”.

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Queensland floods class action defendants must live with their decision on expert reports, judge says
Class Actions 2019-03-14 11:48 pm By Cat Fredenburgh

The judge overseeing the marathon Queensland floods class action has shot down a request by the defendants to submit new expert flood modeling reports, saying the “sophisticated litigants” would have to live with their earlier decision to pass on the chance to submit evidence in response to new reports by the plaintiff’s expert.

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Mills Oakley helped uncover client’s false evidence, court hears
Bird & Bird 2019-03-14 7:49 pm By Miklos Bolza

A top executive at railway technology company Wavetrain has been referred to the Commonwealth Attorney General for possible criminal proceedings after its solicitors at Mills Oakley worked with opposing counsel to uncover false evidence he provided in a consumer case centered on the company’s railway patents.

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Black & White Cabs loses injunction bid in misuse of market power case
Competition & Consumer Protection 2019-03-12 12:33 pm By Miklos Bolza

National taxi company Black & White Cabs has failed in its bid for a court-ordered injunction forcing Regent Taxis to supply booking and dispatch services to its Gold Coast fleet while the cab companies litigate a case alleging Regent is abusing its market dominance in the region.

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Judge got the maths wrong in awarding $5.6M for accounting error, Pitcher Partner says
Alastair Vincent 2019-03-07 1:16 pm By Christine Caulfield

A judge who hit Pitcher Partners with a $5.6 million damages ruling over an accounting error concealed from corporate client Neville’s Bus Service was wrong to hold that the transport operator’s losses flowing from the error were real, the firm has argued.

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