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Class action accuses Hog’s Breath Café director of using franchisee funds to pay girlfriend
Class Actions 2021-04-29 5:34 pm By Miklos Bolza

Restaurant chain Hog’s Breath Café is facing a class action for allegedly misappropriating franchisee funds meant for advertising, including by paying a director’s girlfriend as a “consultant”.

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Divided appeals court says judge’s grilling of expert witness ‘quite involved’ but not excessive
Acting Justice Carolyn Simpson 2021-04-29 5:02 pm By Christine Caulfield

An appeals court has split on whether a judge’s grilling of an expert witness in a personal injury case was appropriate, with the dissenting judge saying the questioning — which took up more than two-thirds of the cross examination — was excesssive, and hostile in parts.

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Megasave hit with $1.9M penalty for misleading prospective franchisees
ACCC 2021-04-29 3:37 pm By Christine Caulfield

A judge has imposed a $1.9 million penalty against Megasave Couriers after the delivery company was found to have misled franchisees with false promises of guaranteed minimum weekly payments and annual income.

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Lawyer’s meeting notes don’t belong to client, HWL Ebsworth tells court
Alastair Vincent 2021-04-29 2:20 pm By Christine Caulfield

A junior solicitor’s meeting notes during an ASIC investigation of ANZ did not belong to her client despite the lawyer billing for her attendance at the meeting, law firm HWL Ebsworth has argued before a skeptical judge.

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Group size trimmed in aged care class actions over COVID-19 outbreaks
Andrew Broadfoot 2021-04-28 9:07 pm By Cindy Cameronne

Staff members who worked for two Melbourne aged care providers will be removed as group members in class actions accusing the homes of negligently handling the coronavirus pandemic.

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WA premier chips away at Clive Palmer’s defence in border closure defamation case
Carmel Galati 2021-04-28 8:45 pm By Cindy Cameronne

A judge has partially struck out mining magnate Clive Palmer’s defence to WA Premier Mark McGowan’s defamation claim over statements which allegedly accused the premier of corruption, abusing his position and lying about the decision to close the state’s borders at the height of the COVID-19 pandemic last year.

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Judge puts class action lawyers on notice to reduce costs with junior barristers
Alec Leopold 2021-04-28 3:02 pm By Miklos Bolza

A Federal Court judge has ordered that a referee consider how junior barristers were used in assessing the legal costs in an insurance class action against Westpac which the bank has agreed to pay up to $30 million to settle.

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Mediation success rates have ‘plummeted’ in COVID era, judge says
Catherine Button 2021-04-28 2:14 pm By Miklos Bolza

A judge has urged parties in a class action against Westpac over superannuation fees to hold an in-person mediation, saying that success rates have “plummeted” during the COVID-19 pandemic as more settlement talks are held virtually.

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ACCC threatens regulation to rein in tech giants’ app store dominance
ACCC 2021-04-28 1:22 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has called on Apple and Google to seize a “window of opportunity” to address the regulator’s concerns about their significant power in the app marketplace or face possible regulation.

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Morrison government hit with Stolen Generations class action over child removals
Class Actions 2021-04-28 11:40 am By Cat Fredenburgh

The federal government has been hit with a class action on behalf of up to 6,000 Indigenous Australians seeking compensation for their forcible removal from their families in the Northern Territory from 1910 to the 1970s.

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