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High Court grants special leave in Toyota class action
High Court 2023-11-17 10:05 pm By Cat Fredenburgh

The High Court has agreed to weigh in on how damages for reduction in value should be calculated under the Australian Consumer Law, granted competing special leave applications in a class action against Toyota over defective diesel filters.

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Optus may appeal judgment on Deloitte data breach report
Class Actions 2023-11-17 4:06 pm By Cat Fredenburgh

Optus is considering an appeal of a judgment allowing a class action to access a report from Deloitte into last year’s major data breach, saying its release could raise national security concerns.

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‘Harry is not Barry’: McDonald’s loses trade mark case against Hungry Jack’s
Intellectual Property 2023-11-16 9:50 am By Cat Fredenburgh

A judge has rejected McDonald’s claim that Hungry Jack’s Big Jack burger infringed its Big Mac trade mark, but found that Hungry Jack’s misled consumers by boasting that its burger had 25 per cent more beef.

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ASIC can’t temporarily block payday lenders from charging fees
Financial Services 2023-11-16 9:54 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has lost its bid to temporarily restrain payday lenders Cigno and BSF Solutions from enforcing loan fees against 7,000 customers, with a judge finding an injunction could destroy their businesses.

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Qantas found guilty of COVID-19 workplace safety breach
Employment 2023-11-16 11:23 am By Cat Fredenburgh

Qantas has been found guilty of a safety violation for standing down a worker who raised concerns about unsafe work conditions during the early days of the coronavirus pandemic.

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‘You’ve got to learn to take yes for an answer’: Judge not inclined to seek Full Court’s view on solicitors CFO
Class Actions 2023-11-15 11:20 pm By Cat Fredenburgh

The judge overseeing a class action against collapsed investment manager Blue Sky has said he would not be inclined to seek clarity from the Full Court on whether the court has the power to make a solicitors common fund order unless one of the defendants raised a challenge.

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Judicial immunity law passes in wake of ruling against Judge Vasta
Courts 2023-11-15 1:18 pm By Cat Fredenburgh

Federal parliament has passed legislation extending judicial immunity to judges on the Federal Circuit and Family Court, after a judge on the court was held personally liable for the false imprisonment of a Queensland man.

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Gilbert + Tobin seals the deal to lead Jaguar class action
Class Actions 2023-11-15 10:43 pm By Cat Fredenburgh

Gilbert + Tobin and the funder backing a class action against Jaguar Land Rover over allegedly defective diesel filters have given an undertaking that they won’t seek more than 25 per cent of any settlement or judgment, sealing the deal to run the case after triumphing in a carriage contest.

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Ford scores partial win in class action appeal over defective PowerShift transmissions
Class Actions 2023-11-14 1:41 pm By Cat Fredenburgh

US car giant Ford has partially succeeded in its challenge to a judgment that found it owed more than $6,800 to the lead applicant in a class action over defective PowerShift transmissions, but the High Court may ultimately decide how damages should be calculated under the Australian Consumer Law for reduction in value.

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$110M settlement approved in AMP fees-for-no-service class action
Class Actions 2023-11-14 4:11 pm By Cat Fredenburgh

A judge has signed off on a $110 million settlement in a long-running shareholder class action against AMP over its fees-for-no-service conduct, including $26 million in costs for law firm Maurice Blackburn.

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