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Ultra Tune slapped with $2.6M fine for misleading franchisees, deceiving court
Competition & Consumer Protection 2019-01-18 4:25 pm By Christine Caulfield Sydney

National car repair franchise Ultra Tune has been ordered to pay a $2.6 million penalty, with a judge finding the firm had not only breached the Franchising Code and the Australian Consumer Law by misleading a prospective franchisee but also misled the court in its defence of the case brought by the consumer watchdog.

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Spotless judgment clarifies redundancy payment exception
Australian Government Solicitor 2019-01-16 5:14 pm By Miklos Bolza Sydney

Spotless Services violated the Fair Work Act by failing to pay redundancy for workers employed at Perth International Airport, a court has found, in a ruling that clarifies when employers are on the hook for redundancy payments.

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VW knew about defeat software but ACCC doesn’t need to prove it, court told
Australian Government Solicitor 2019-01-15 9:25 pm By Miklos Bolza Sydney

The ACCC does not need to prove Volkswagen knew about the diesel emissions software at the heart of its action against the car giant — that’s just a factor that will magnify penalties in the case, the regulator has told a court.

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Railtrain recklessly misled vocational trainees, union tells court
Education 2019-01-14 4:34 pm By Miklos Bolza Sydney

Vocational training firm Railtrain knowingly and recklessly misled trainees about their rights to be paid as employees, according to an amended court filing by the Rail, Tram, and Bus Industry Union.

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Class has another go at unconscionable conduct claim in Ford PowerShift case
Allens 2019-01-07 9:15 pm By Miklos Bolza Sydney

The applicant in a class action against Ford over allegedly defective PowerShift transmissions has taken another stab at bringing an unconscionable conduct claim, after the judge overseeing the case panned an earlier pleading as “problematic”.

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Pitcher Partners fined $5.6M for concealing botched accounting
Alastair Vincent 2019-01-07 8:37 pm By Miklos Bolza Sydney

Accounting firm Pitcher Partners has been ordered to pay more than $5.6 million in damages for fraudulently concealing an amortisation error that caused a well-known bus operator to face higher than expected costs in a NSW transport tender.

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

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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Jetstar agrees to $1.95M penalty over misleading refunds policy
Competition & Consumer Protection 2018-12-17 3:12 pm By Miklos Bolza Sydney

Jetstar Airways has agreed to pay a $1.95 million penalty and admitted to making false and misleading representations about customer eligibility for refunds on cancelled flights, in breach of the Australian Consumer Law.

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Takata air bag class actions can claim car makers’ silence was deceptive
Allens 2018-12-12 10:05 pm By Miklos Bolza Sydney

Seven class actions against auto makers that sold cars equipped with defective Takata airbags can allege the car makers’ silence constituted misleading and deceptive conduct.

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Penalties in VW class actions could be ‘horrendous’, judge says
Bannister Law 2018-12-12 5:35 pm By Miklos Bolza Sydney

A judge has expressed skepticism of Bannister Law’s plan to hire powerhouse US lawyer Kenneth Feinberg, who oversaw the September 11th victims compensation and BP oil spill funds, to mediate class actions against Volkwagen over its emissions cheating scandal, saying the car maker had shown no interest in settling despite the risk of “horrendous” penalties.

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