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Amazon had no obligation to use GetSwift’s services, class action claims
Class Actions 2019-01-21 10:48 pm By Cat Fredenburgh

GetSwift failed to disclose to investors that under an agreement announced with Amazon, the e-commerce giant had no obligation to use the logistics provider for any of its deliveries, according to new court documents filed in the shareholder class action against GetSwift and its founders.

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Judge tosses Cash Converters’ ‘singular’ bid for recusal from settlement hearing
Class Actions 2019-01-18 10:41 pm By Christine Caulfield

A judge has shot down a bid by Cash Converters to recuse himself from hearing arguments for a $16.4 million class action settlement, saying his advice while still a barrister to the law firm running the proceedings did not give rise to apprehended bias.

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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

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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DLA Piper sued by QC, junior barrister over $370,000 in unpaid fees
Article 2019-01-16 10:13 pm By Christine Caulfield

A Queens Counsel and a junior barrister at the Victorian Bar are taking DLA Piper to court, accusing the law firm of failing to pay more than $370,000 in fees.

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ACCC can seek fines against defunct dealer of fake Aboriginal art
Archibald & Brown 2019-01-16 5:17 pm By Miklos Bolza

The ACCC can continue its case against failed Aboriginal art wholesaler Birubi Art, which went into liquidation after the court found it violated the Australian Consumer Law by selling fake Aboriginal goods.

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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

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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Cargill ordered to give Glencore info on unauthorised barley use
Agriculture 2019-01-14 5:08 pm By Cat Fredenburgh

Agricultural giant Cargill has been ordered to hand over documents to Glencore regarding its use of an unauthorised type of barley before and after its $420 million acquisition of malt producer Joe White.

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Top 10 class action settlements of 2018
Allens 2019-01-11 11:29 pm By Cat Fredenburgh

From a record-setting funder’s cut to the first call for ‘“proportionality”, last year saw a number of groundbreaking judgments approving class action settlements worth more than half a billion dollars. Here are the 10 biggest settlements of 2018, and the law firms and funders that negotiated them.  

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ACCC reviewing leniency policy in light of concerted practices ban
Competition & Consumer Protection 2019-01-11 9:46 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission is taking a look at its program for granting  leniency to cartel whistleblowers in the wake of changes that make it easier for the regulator to bring cartel cases over collusive conduct.

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JP Morgan wins bid to keep ANZ probe docs confidential
Allens 2019-01-08 9:52 pm By Cat Fredenburgh

JP Morgan, the reported whistleblower behind a criminal cartel case against ANZ, Deutsche Bank and Citigroup over a $2.5 billion share placement, has won its bid to keep documents from a related ASIC probe confidential.

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