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‘That’s something that happens in Victoria’: NSW judge hesitant to reallocate VW class actions settlement approval
Class Actions 2019-09-16 10:22 pm By Amelia Birnie

The judge overseeing multiple class actions against Volkswagen over its dieselgate emissions scandal has said he will “need persuading” before reallocating the settlement approval to a different judge, because “that’s something that happens in Victoria”.

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Bannister Law told to pipe down from ‘back of the bus’ in VW dieselgate class actions settlement
Class Actions 2019-09-16 10:15 pm By Amelia Birnie

Boutique class action firm Bannister Law has been told “not to make too much noise” from its spot at “the back of the bus” in the VW dieselgate class actions, after its legal team flagged its intention to try and expedite the $127.1 million settlement approval process.

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VW settles landmark dieselgate class actions for up to $127M
Class Actions 2019-09-16 10:28 am By Amelia Birnie

After four years of litigation, the Volkswagen diesel emissions class actions have reached an in-principle settlement of up to $127.1 million, with affected consumers expected to receive $1,400 per vehicle on average if 100 per cent participation is achieved.

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Judge strikes out CIMIC class action claims pleaded in ‘factual vacuum’
Class Actions 2019-09-10 12:02 pm By Miklos Bolza

Engineering services company CIMIC has won a challenge to the pleadings in a shareholder class action against it, with the Federal Court striking out deficient paragraphs but giving the class a chance to replead.

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ACCC loses appeal in cartel case over coal mining licences
Appeals 2019-09-04 3:46 pm By Miklos Bolza

The Australian Competition and Consumer Commission has failed in its challenge to a ruling that dismissed its bid-rigging case over mining exploration licences involving Cascade Coal and the sons of jailed Labor politician Eddie Obeid.

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CIMIC attacks ‘forests of contingencies’ in class action pleadings
Class Actions 2019-09-04 2:26 pm By Miklos Bolza

Engineering services firm CIMIC Group has attacked the pleadings in a shareholder class action against it, saying needlessly convoluted paragraphs containing a “numerically vast number of contingencies” should be struck out.

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Court’s ‘auction’ approach in GetSwift slammed in bid to revive AMP class action
Appeals 2019-08-26 9:44 pm By Miklos Bolza

The barrister leading an appeal seeking to revive Quinn Emanuel’s fees for no service class action against AMP has criticised the approach taken in the landmark GetSwift ruling on competing class actions, saying it placed the court in the role of auctioneer and actually encouraged duplicative proceedings.

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Class to fight CIMIC’s ‘opportunistic’ bid to strike out pleadings
Allens 2019-08-09 9:06 pm By Miklos Bolza

A shareholder class action against CIMIC Group will fight a strike out application it has slammed as an “opportunistic” late-stage move by the global engineering firm made only because the trial was previously vacated.

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Record $34.5M criminal cartel fine handed down against Japanese shipping company
Competition & Consumer Protection 2019-08-02 8:52 pm By Amelia Birnie

Japanese shipping company K-Line has been hit with a $34.5 million penalty for criminal cartel conduct, the largest consumer criminal fine in Australian history.

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More than a ‘scintilla of inventiveness’: Motorola defends source code as Hytera trial kicks off
Intellectual Property 2019-07-22 8:01 pm By Amelia Birnie

Patents at the centre of a high stakes IP dispute between tech giants Motorola and Hytera have significantly more than the necessary “scintilla of inventiveness” to be deemed valid, Motorola said on the first day of a month-long trial.

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