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ACCC’s cartel case against BlueScope years in the making, court told
Andrew Bell 2019-11-01 11:13 pm By Christine Caulfield Melbourne

The competition regulator has been probing alleged cartel conduct by steel giant Bluescope for a number of years, counsel for the company told a court Friday as it sought transcripts of the watchdog’s compulsory interviews of witnesses and asked for five months to put on a defence.

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Future personal injury claims may be barred in PFAS class actions, court warns
Australian Government Solicitor 2019-11-01 10:14 pm By Miklos Bolza Sydney

A Federal Court judge has expressed concerns about whether group members in three class actions against the Commonwealth over allegedly toxic firefighting foam will be blocked from pursuing personal injury claims related to the chemical.

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Funder to fight for Murray Goulburn class action commission, as milk supplier settles second case
Agriculture 2019-11-01 9:48 pm By Christine Caulfield Melbourne

Murray Goulburn has agreed to pay $37.5 million to resolve the second of two shareholder class actions over its 2016 profit forecasts, as the $42 million settlement of the first class action is held up over questions about the litigation funder’s commission. 

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Expanded class definition tossed in Ethicon pelvic mesh class action
Class Actions 2019-11-01 9:42 pm By Miklos Bolza Sydney

A Federal Court judge has reversed a prior ruling expanding the class in a lawsuit against Johnson & Johnson unit Ethicon over allegedly defective pelvic mesh implants, saying he had “no confidence” new group members would have sufficient opportunity to opt out before judgment is delivered in a few weeks.

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‘Time for commercial reality to bite’: Judge orders class closure in Takata air bags class actions
Allens 2019-11-01 3:30 pm By Cat Fredenburgh Melbourne

The judge overseeing seven class actions against some of the world’s largest car makers over defective Takata airbags has ordered that class closure take place in advance of mediation, saying it was “time…for commercial reality to bite”.

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Mexican chain tries to block Taco Bell’s Australian expansion
Baker McKenzie 2019-11-01 12:18 pm By Cat Fredenburgh Melbourne

A Mexican restaurant franchise is waging a high-stakes courtroom battle to block US fast food giant Taco Bell from moving ahead with plans to set up shop in Victoria and NSW.

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Ten sued over report on man killed by silicone genital injections
Defamation 2019-10-31 9:43 pm By Miklos Bolza Sydney

Network Ten is being sued for defamation for a report that aired on hit TV show The Project investigating the death of an Australian man alleged to have been in a “master/servant relationship” revolving around extreme body manipulation and who died as a result of silicone genital injections.

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CSIRO scientist hit on backside with riding crop was not sexually harassed, judge says
Employment 2019-10-31 5:38 pm By Miklos Bolza Sydney

A scientist alleging she was fired from the CSIRO for filing sex discrimination and sexual harassment complaints has had the majority of her lawsuit against the government body dismissed, with the court finding she fabricated evidence and that an incident in which she was slapped on the backside with a riding crop by her supervisor and told to “get back to work” did not amount to sexual harassment.

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Training college Unique cops $4M penalty in ACCC case
Australian Government Solicitor 2019-10-31 2:49 pm By Christine Caulfield Melbourne

Unique International College has been slapped with a $4.165 million penalty after a court found the defunct vocational trainer engaged in unconscionable conduct in enrolling students in courses costing up to $22,000.

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In watershed Google case, ACCC faces familiar challenge
Analysis 2019-10-30 11:22 pm By Cat Fredenburgh Melbourne

The Australian Competition and Consumer Commission’s high-stakes case against Google is the first of its kind worldwide targeting the tech giant’s data collection practices. The ACCC is in familiar territory in bringing a front-page legal challenge under the consumer laws that will require it to prove misleading conduct by silence, but if recent losses by the regulator are any guide, it could face an uphill battle.

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