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Google misled users about location data privacy, judge rules
ACCC 2021-04-16 10:29 am By Christine Caulfield

Google misled or is likely to have misled some reasonable users of its Android devices about the digital giant’s use of their location data, a judge has found in a win for the consumer regulator.

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‘Bad faith, deception, unfair pressure’: 4WD rental company fined $1.2M for unconscionable conduct
ACCC 2021-04-15 9:56 pm By Miklos Bolza

A judge has slapped a 4WD rental company that made “harsh and unjustified threats” against customers who challenged its decision to retain their security deposits with a $1.2 million fine.

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Domino’s loses bid to strike out underpayments class action
Class Actions 2021-04-13 10:35 pm By Cindy Cameronne

A judge has dismissed an application by Domino’s Pizza to strike out the pleadings in a class action accusing the pizza giant of making misleading and deceptive representations to franchisees which caused drivers to be underpaid.

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SC Johnson, Reckitt squash dispute over Raid Max ads
Addisons 2021-04-13 3:05 pm By Cat Fredenburgh

Reckitt Benckiser has resolved its lawsuit against US consumer goods giant SC Johnson over allegedly misleading ads touting its “can’t miss” Raid Max insecticide, just months after a judge criticised Reckitt’s “excessively literal and strained” reading of the ads.

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Judge sends Epic’s competition dispute with Apple to California
ACCC 2021-04-09 11:44 pm By Cat Fredenburgh

A judge has found that a clause in Apple’s agreement with developers requires that Fortnite game developer Epic Games litigate a closely watched competition lawsuit against the tech giant on its home turf. 

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Volkswagen loses appeal of landmark $125M fine in ‘turning point’ for ACCC
ACCC 2021-04-09 8:55 pm By Cindy Cameronne

Volkswagen has lost its challenge to a landmark $125 million Dieselgate penalty handed down by a judge who lambasted a $75 million fine proposed by the ACCC as “manifestly inadequate”, in what ACCC chair Rod Sims told Lawyerly was a “turning point” for the regulator to push for higher fines.

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Judge nips Advanta Seeds class action in the bud, finds no duty of care owed
Agriculture 2021-04-09 5:59 pm By Miklos Bolza

Advanta Seeds has defeated a class action brought over contaminated seeds, with a court finding the Australian seed supplier did not owe a duty of care to irate farmers who allegedly suffered loss and damage from the decreased value of their sorghum crops sowed in the 2010/2011 summer season. 

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‘Significant allegations’: ASIC ordered to flesh out case against REST
Albert Ounapuu 2021-04-09 2:53 pm By Cindy Cameronne

A judge has ordered ASIC to flesh out its case accusing the Retail Employees Superannuation of misleading members about their ability to move their super out of the REST Trust, given the “significant” allegations that a deliberate system was behind the superannuation trustee’s alleged misconduct.

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Johnson & Johnson asks High Court to review landmark pelvic mesh ruling
Andrew Naylor 2021-04-09 2:29 pm By Cat Fredenburgh

A Johnson & Johnson unit wants the High Court to review the Full Federal Court’s rejection of its challenge to a landmark class action ruling that found the company’s pelvic mesh implants were defective and that it failed to adequately warn about their risks.

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‘Nothing the Crown does will satisfy these nine accused’: Prosecution defends ANZ cartel indictment
ACCC 2021-04-01 9:56 pm By Cindy Cameronne

The prosecution in a criminal cartel case against several banks and high-ranking executives over a $2.5 billion ANZ share placement has fought back against accusations that its indictment is “fundamentally flawed” and should be quashed.

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