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High Court declines Queensland floods class action appeal
Appeals 2022-04-12 12:36 pm By Cat Fredenburgh Melbourne

The High Court has declined special leave to a class action to challenge a ruling that found dam operator Seqwater was not liable for the 2011 Queensland floods, after the state of Queensland and subcontractor Sunwater agreed to pay $440 million last year to settle their share of the liability in the long-running case.

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Anatomy of a bunny: Kmart defends plush rabbit in Jellycat’s knockoff suit
Competition & Consumer Protection 2022-04-11 3:11 pm By Sam Matthews Melbourne

Kmart Australia and toy manufacturer Headstart International have hit back at Jellycat in a suit claiming they are selling ‘Bashful Bunny’ knockoffs, arguing the shape and features of the popular plush rabbit are not exclusive to the London-based soft toy designer.

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Judge hits Westpac unit with $20M penalty over conflicted remuneration
Allens 2022-04-08 10:53 pm By Sam Matthews Melbourne

A judge has signed off on a $20 million penalty against Westpac subsidiary BT Funds Management for improperly charging 9,000 members insurance premiums that included commissions to financial advisers, a practice that was banned in 2013.

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Telstra hits back at Queensland silk who lost phone numbers in NBN transfer
Anthony Morris 2022-04-08 3:54 pm By Miklos Bolza Sydney

Telstra has denied that it is liable to compensate a Queensland barrister who lost his phone numbers in an NBN transfer, arguing that it was the silk’s decision to terminate his contract with the company.

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Smile Direct Club bites back in lawsuit over teeth straightener claims
ACCC 2022-04-07 10:10 pm By Sam Matthews Melbourne

The maker of the popular Invisalign dental aligners may soon face a cross-claim from competitor SmileDirectClub, which it sued for allegedly misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits. 

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Judge signs off on $1.5M penalty against Westpac for unsolicited insurance
Allens 2022-04-07 6:03 pm By Cat Fredenburgh Melbourne

A judge has hit Westpac with a $1.5 million penalty for misleading 141 customers into believing they had purchased add-on insurance.

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Toyota could owe $2B in class action after judge finds cars were defective
Anais d'Arville 2022-04-07 3:15 pm By Miklos Bolza Sydney

Toyota could owe close to $2 billion in compensation to 260,000 car owners after a judge found that diesel filters installed in its Hilux, Fortuner and Prado models were defective and that the cars were sold for more than they were worth.

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Nurofen maker Reckitt-Benckiser loses High Court appeal bid in Maxigesic feud
Alastair Vincent 2022-04-07 1:54 pm By Christine Caulfield Melbourne

The High Court has rejected a special leave application by consumer goods giant Reckitt-Benckiser in its long-running battle with the maker of painkiller Maxigesic.

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Judge to appoint costs referee in $56.3M Colonial First class action settlement
Adam Hochroth 2022-04-06 3:33 pm By Sam Matthews Melbourne

Continuing a recent trend in class actions, a judge will appoint a referee to weigh in on Maurice Blackburn’s costs in a $56.3 million settlement in a class action against Colonial First State, but has so far declined to appoint a contradictor.

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‘Bad luck’: Judge denies penniless Captain Cook College’s appeal delay bid
ACCC 2022-04-05 8:59 pm By Sam Matthews Melbourne

A judge has rejected an application by training provider Captain Cook College to postpone the hearing of its appeal in a case won by the ACCC, saying the company’s inability to fund the appeal was “largely a problem of [its] own making.”

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