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Toyota can’t overturn defect ruling, but wins cut to damages in diesel filter class action
Anais d'Arville 2023-03-27 5:03 pm By Christine Caulfield

An appeals court has partially sided with Toyota in a challenge to the damages bill assessed by a judge in a class action over defective diesel filters, saying the reduction in value of affected cars should be assessed at 10 per cent, not 17.5 per cent, of the price paid by motorists.

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Full Court urged to toss ASIC’s ‘fatal’ appeal in CBA conflicted remuneration case
Anna Wilson 2023-02-22 5:46 pm By Cindy Cameronne

The Commonwealth Bank of Australia has urged the Full Court to toss ASIC’s challenge to a decision dismissing its conflicted remuneration case over the bank’s sale of its Essential Super product, saying the appeal suffered from “fatal” flaws.

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Full Court finds Illinois Tool Works fuel cell patent infringed
Appeals 2023-02-13 10:14 pm By Sam Matthews

US tool giant Illinois Tool Works has defeated an appeal to a ruling that found Australian tool company Airco infringed it patent for a fuel cell designed for use in combustion tools.

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Muffin-eating lawyer can’t set aside Lawcover’s bankruptcy notice
Andre Zahra 2023-02-01 4:55 pm By Sam Matthews

Two Sydney lawyers have lost an application to set aside bankruptcy notices filed by their insurer claiming over $300,000 in legal costs, after a judge rejected their arguments about an “overarching conspiracy” in the case.

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Insurer on hook for breast implant class action costs after High Court snub
Appeals 2022-11-18 11:18 pm By Cat Fredenburgh

Avant Insurance has lost its bid to challenge a ruling which put it on the hook for indemnifying a plastic surgeon in class action proceedings over allegedly botched breast augmentations at a defunct NSW clinic.

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Telcos hit with $33.5M in penalties over NBN speed claims
ACCC 2022-11-11 1:02 pm By Sam Matthews

A judge has hit Optus, Telstra, and TPG with a total of $33.5 million in penalties for misleading thousands of NBN customers into paying for internet speeds that could not be achieved.

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Court urged to impose $15M penalty against Telstra over NBN speed claims
Competition & Consumer Protection 2022-11-10 4:44 pm By Sam Matthews

Telstra has agreed to pay a $15 million penalty for misleading thousands of NBN customers about internet plan speeds, a sum which will bring the telco’s bill for consumer law violations since 2018 up to $75 million, if approved.

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Optus agrees to $13.5M penalty for misleading NBN customers
ACCC 2022-11-10 1:39 pm By Sam Matthews

Optus has agreed to pay a $13.5 million penalty for misleading thousands of NBN customers into paying for internet plan speeds that could not be achieved, the telco’s third penalty in four years over misleading representations made in relation to its NBN services.

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‘Surprising and concerning’: AMP hit with $14.5M penalty in fees for no service case
AMP 2022-09-20 11:00 pm By Cindy Cameronne

A judge has imposed a $14.5 million penalty on five AMP entities, saying it was “surprising and concerning” that the wealth manager deducted $356,000 from customers’ superannuation accounts for advice they never received, despite numerous complaints.

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‘No real contrition’: ASIC seeks $17.5M penalty against AMP in fees for no service case
AMP 2022-08-29 9:00 pm By Sam Matthews

ASIC has told a judge AMP should face a $17.5 million penalty for deducting $356,000 from customers’ superannuation accounts for advice they never received, saying the wealth manager had shown “no real contrition” for its conduct.

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