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Qube resolves misuse of market power case against Port of Newcastle
ACCC 2020-11-30 2:29 pm By Cat Fredenburgh Melbourne

Logistics services provider Qube has resolved a lawsuit that accused the Port of Newcastle of misusing its power in the market for port services by denying Qube’s request to use its own equipment to provide dry bulk unloading services at the port.

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Judge postpones signing off on GetSwift move to Canada until FIRB approval
ASIC 2020-11-27 7:49 pm By Cat Fredenburgh Melbourne

A judge has indicated she will approve GetSwift’s plans to relocate to Canada, despite concerns raised by ASIC, but will wait until the company has received approval from the Foreign Investment Review Board.

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‘I’ve never seen such nonsense in an affidavit’: Judge flays lawyers in S&P class action
Banton Group 2020-11-27 1:09 pm By Cat Fredenburgh Melbourne

A judge has lashed out at the legal team behind a class action against S&P over allegedly misleading credit ratings for filing hearsay evidence in support of an application to serve the ratings giant overseas, saying that “nobody who is a first year law student” would say the evidence was admissible.

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Victoria, Queensland join $500M combustible cladding class actions
Amelia Smith 2020-11-26 4:56 pm By Miklos Bolza Sydney

The states of Victoria and Queensland have joined two class actions over allegedly combustible cladding as group members, with the claims in the proceedings now exceeding $500 million.

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Telstra faces $50M penalty for ‘exploiting’ Indigenous consumers
ACCC 2020-11-26 4:14 pm By Spencer Fowler Steen Melbourne

Telstra is facing the second highest penalty ever imposed under consumer law for signing up Indigenous customers to post-paid mobile plans, with the ACCC alleging the telco exploited social and cultural vulnerabilities and caused “severe” financial hardship and distress, with one customer scared they would be incarcerated for not paying up.

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ACCC says Kogan should pay $2M for misleading promotion
Anna Lord 2020-11-24 9:54 pm By Spencer Fowler Steen Melbourne

The Australian Competition and Consumer Commission is seeking $2 million in penalties against Kogan, after a judge found statements the online retailer made during a 2018 promotion were misleading and drew consumers into the company’s “marketing web”.

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Judge tosses most of ACCC’s defective caravans case against Jayco
ACCC 2020-11-23 7:24 pm By Christine Caulfield Sydney

A judge has dismissed the bulk of a consumer case brought by the ACCC against caravan and campervan manufacturer Jayco Corp, finding that the regulator’s action fell short of proving allegations of unconscionable conduct.

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Class action against personal injury law firm to be dropped
Article 2020-11-23 1:54 pm By Christine Caulfield Melbourne

A class action alleging a national personal injury firm overcharged clients will be discontinued after the lawyer behind the case, who failed in his bid to send a notice to group members soliciting funds, said he was not prepared to run the proceedings on a no win, no fee basis.

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Judge approves $3.4M in costs in $5.7M Falls Festival class action settlement
Class Actions 2020-11-23 1:46 pm By Cat Fredenburgh Melbourne

A judge has signed off on nearly $3.4 million in costs in a $5.7 million settlement reached in a class action over a 2016 stampede at the Falls Music and Arts Festival in Victoria.

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Peters tried to ice competitors out of frozen treats market, ACCC claims
ACCC 2020-11-20 1:36 pm By Spencer Fowler Steen Melbourne

The ACCC has taken iconic Australian ice cream company Peters to court for allegedly harming competition in the market for single serve ice cream supplied to service stations, depriving ice cream lovers of cheaper varieties of frozen treats.

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