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Noumi class action lawyers won’t commit to 22% rate in GCO bid
Alistair Pound 2022-10-26 4:31 pm By Sam Matthews Melbourne

Two class action firms have refused to provide an undertaking that would fix the rate of their contingency fee in a consolidated shareholder class action against food company Noumi and auditor Deloitte over $590 million in accounting irregularities.

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Judge rejects recusal bid in barrister’s disciplinary case for ‘none of your business’ remark
Anya Poukchanski 2022-10-26 3:42 pm By Sam Matthews Melbourne

A judge has refused to recuse herself from hearing disciplinary proceedings brought against a barrister over complaints that she used “judicially inappropriate words” at an interlocutory hearing.

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ANZ cops $25M penalty for short-changing half a million Breakfree customers
ANZ 2022-10-26 12:14 pm By Christine Caulfield

A judge has hit ANZ with a $25 million penalty in a case by the corporate regulator that alleged the bank short-changed hundreds of thousands of customers to the tune of $200 million.

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Crane maker NQCranes agrees to $1M penalty in ACCC’s cartel case
ACCC 2022-10-26 11:36 am By Cindy Cameronne Sydney

Queensland crane company NQCranes has agreed to pay a $1 million penalty in the Australian Competition and Consumer Commission’s case alleging it engaged in a conspiracy with a multinational rival to divide the Brisbane and Newcastle markets.

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Bayer needs ‘thoughts and prayers’ to make out privilege claim in class action, court told
Associate Justice Patricia Matthews 2022-10-25 11:05 pm By Cindy Cameronne Sydney

A class action against Bayer over its allegedly defective Essure contraceptive devices has admonished the drug manufacturer’s bid to shield emails considered privileged in similar US litigation, arguing “thoughts and prayers” are needed to sustain the claim.

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$27M penalty for ‘extensive and systematic’ failures by CBA units
Ben Hancock 2022-10-25 11:03 pm By Sam Matthews Melbourne

Commonwealth Bank units CommSec and Australian Investments Exchange have been ordered to pay more than $27 million for “serious and unacceptable” system failures that led to excessive fee charges for customers.

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Facebook flags potential conflict of interest in cryptocurrency ad class action
Class Actions 2022-10-25 2:45 pm By Sam Matthews Melbourne

Facebook owner Meta wants to uncover the basis on which crypto tokens have been issued to bankroll a class action over its 2018 ban on cryptocurrency ads, citing the potentially conflicted interests of the self-represented lead applicant.

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Judge who represented Sydney Trains won’t recuse herself from fight with union
Ashurst 2022-10-24 11:41 pm By Cindy Cameronne Sydney

A judge has rejected a bid by the Australian rail union to recuse herself from hearing its case against Sydney Trains that seeks approval to deactivate Opal readers amid protracted industrial action, despite having represented the rail operator when she was a barrister last year. 

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Super fund sues crypto company for ‘flagrant’ trade mark infringement
Banki Haddock Fiora 2022-10-24 11:23 pm By Cindy Cameronne Sydney

Education superannuation fund NGS Super has filed a trade mark lawsuit against Australian blockchain mining company NGS Crypto, claiming it failed to comply with a promise to rebrand and continues to profit at the fund’s expense. 

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ACCC accuses Fitbit of misleading consumers about refund rights
ACCC 2022-10-24 11:09 pm By Christine Caulfield

The Australian Competition and Consumer Commission has dragged Google-owned Fitbit to court for allegedly telling consumers they had to mail in broken devices within 45 days in order to obtain a refund.

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