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Litigation and Dispute Resolution

Trivago cops $44.7 million in penalties for misleading consumers over hotel room pricing: Australian Competition and Consumer Commission v Trivago N.V. (No 2) [2022] FCA 417

The Federal Court has ordered Trivago to pay $44.7 million in penalties for making misleading representations about hotel room rates in television advertising and on its website, following proceedings brought by the ACCC. The Court's decision in

Published by Chiara Rawlins
16 May, 2022
Insolvency

Avoiding knowledge of vulnerable borrowers is no excuse to unconscionable conduct in asset-based lending: Stubbings v Jams 2 Pty Ltd [2022] HCA 6

In the case of Stubbings v Jams 2 Pty Ltd [2022] HCA 6, the High Court allowed an appeal in relation to unconscionable conduct surrounding asset-based lending and vulnerable borrowers. In particular, the High Court found that lenders cannot ...

Published by Foez Dewan
5 May, 2022
Compulsory Third Party Insurance

The role of medical science within the test of causation

Judgment date: 31 March 2022 Citation: Briggs v IAG Limited t/a NRMA Insurance Jurisdiction: Supreme Court, Wright J Introduction While the relevant tests of causation and the importance of medical science in these tests have been previously delibera...

Published by McCabes News
20 April, 2022
Compulsory Third Party Insurance

Federal Jurisdiction – Private CTP insurers not part of the State of NSW

Judgment date: 11 April 2022 Citation: Stanton v Winning [2022] NSWDC 104 Jurisdiction: District Court Introduction The Personal Injury Commission has no power to exercise federal jurisdiction within the meaning of ss 75 and 76 of the Commonwealth Co...

Published by McCabes News
12 April, 2022
Litigation and Dispute Resolution

Legal professional privilege clarified for multidisciplinary partnerships

It is not unusual for professional service firms to have divisions of advisers across various disciplines, such as a accountants and lawyers.  Can legal professional privilege be used as a shield by these firms to prevent the disclosure of documents?...

Published by Andrew Lacey
12 April, 2022
Litigation and Dispute Resolution

Setting off an unfair preference payment: what are the rights of a creditor?

The Full Court of the Federal Court of Australia has held in a unanimous decision that a creditor of an insolvent company is not entitled to a statutory set off in response to a liquidator's claim for the recovery of an unfair p...

Published by Chiara Rawlins
10 April, 2022
Insurance

Obvious Risks of Dangerous Recreational Activities

Judgment date: 6 April 2022 Citation: Tapp v Australian Bushmen’s Campdraft & Rodeo Association Ltd [2022] HCA 11 Jurisdiction: High Court of Australia On 6 April 2022, the High Court of Australia set aside the judgment of the NSW Court of...

Published by Peter Miller
10 April, 2022
Litigation and Dispute Resolution

Peter’s suffers an ice-cream headache after Federal Court orders $12 million penalty for anti-competitive exclusive dealing

On 25 March 2022, the Australian Competition and Consumer Commission (ACCC) obtained orders in the Federal Court against Australasian Food Group Pty Ltd, trading as Peters Ice Cream (Peters) for engaging in the pract...

Published by Chiara Rawlins
6 April, 2022
Litigation and Dispute Resolution

The ACCC launches proceedings against Meta for publishing scam cryptocurrency ads featuring celebrities on Facebook

The Australian Competition and Consumer Commission (ACCC) has launched Federal Court proceedings against Facebook owner Meta Platforms, Inc. and Meta Platforms Ireland Limited (Meta), alleging Meta engaged in false, misleading, or deceptive conduct t...

Published by Chiara Rawlins
30 March, 2022
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