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Court asked to find Retail Food Group class action exempt from MIS rules
Class Actions 2022-01-18 3:13 pm By Christine Caulfield Melbourne

A class action against franchise giant Retail Food Group wants to head off any challenge to its funding agreement with a court order that the financing arrangement is exempt from controversial regulations requiring group proceedings to be run as managed investment schemes.

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ACCC appeals ruling from judge who ‘gagged’ at proposed $5M Employsure penalty
ACCC 2022-01-14 11:58 am By Cat Fredenburgh Melbourne

The ACCC will seek a higher penalty against Employsure over misleading Google advertisements, after a judge found the consumer regulator’s proposed $5 million penalty was inappropriate and instead ordered the specialist workplace relations consultancy to pay $1 million.

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Top 10 class action settlements of 2021
Alan Shearer 2022-01-10 7:52 am By Bianca Hrovat Sydney

Class action settlement totals skyrocketed to over $900 million last year, and one law firm negotiated the lion’s share, with $672 million in settlements under its belt.

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In class action appeal, Ford says it’s not on hook for damages for fixed cars
ACCC 2021-12-22 3:44 pm By Miklos Bolza Sydney

Ford has challenged its loss in a class action over its allegedly defective PowerShift transmissions, arguing group members who have had their cars repaired are not entitled to damages.

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Full Court throws out ‘mistaken’ judgment on AFT’s Maxigesic ads
AFT Pharmaceuticals 2021-12-07 6:18 pm By Miklos Bolza Sydney

A judge was “mistaken” to find that AFT Pharmaceuticals’ ads for its painkiller Maxigesic were misleading, with the Full Federal Court ruling there was an adequate scientific foundation for the ads’ claims that the drug provided faster, better pain relief than paracetamol and ibuprofen alone.

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Training college AIPE hit with record $153M penalty for ‘unconscionable’ enrolment system
ACCC 2021-12-03 1:04 pm By Miklos Bolza Sydney

Collapsed NSW training company Australian Institute of Professional Education has been slugged with a $153 million penalty, the highest ever fine in a consumer law case, after the Federal Court found the school targeted vulnerable students through an “unconscionable” enrolment system.

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Opal Tower engineer wins bid to probe scope of insurers indemnity of Icon
Alexander Barnett 2021-12-02 4:54 pm By Miklos Bolza Sydney

The structural engineer behind Sydney’s ill-fated Opal Tower can examine whether builder Icon Co has been indemnified for $31 million worth of damage which occurred in the 36-storey apartment block on Christmas Eve of 2018, a court has found.

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Judge orders Employsure to pay $1M after ‘gagging’ at ACCC’s proposed sum
ACCC 2021-11-30 5:43 pm By Bianca Hrovat Sydney

Specialist workplace relations consultancy Employsure has been ordered to pay a $1 million penalty over a series of misleading Google advertisements, a figure significantly lower than the $5 million sought by the Australian Competition and Consumer Commission.

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Acciona may have ‘difficulty’ persuading court in spat over $696M Kwinana project
Contracts 2021-11-30 2:19 pm By Bianca Hrovat Sydney

A judge has granted a 21-day stay of a lawsuit brought by Acciona, a Spanish infrastructure company seeking to use COVID-19 as a reason to back out of its construction contract for the $696 million Kwinana waste-to-energy plant, and has warned the company it faces a difficult task to persuade the court of its case.

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Singer Katy Perry accused of trying to ‘snuff out’ Aussie fashion designer
Christian Dimitriadis 2021-11-29 9:52 pm By Bianca Hrovat Sydney

US pop star Katy Perry has been accused of using her “financial might” to “snuff out” the small business of an Australian fashion designer, as trial kicked off in a long-running intellectual property dispute over the rights to use the Katy Perry trade mark in Australia.

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