I previously thought a settlement was likely but that was before...

I previously thought a settlement was likely but that was before I knew RFG had already met with the ACCC and proposed to pay compensation without admitting fault. The ACCC baulked at that as they want companies who have done the wrong thing to admit it.

The pickle RFG are in now is if they admit fault to settle with the ACCC then my guess is that will probably strengthen the other case against them. They can either fight this, or try and find a way to settle both cases which will probably involve substantial compensation and an admission that they did the wrong thing.

Full disclaimer - I'm not a lawyer.