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‘We must at least try’: Judge says virtual trial will go ahead in Ford class action
Class Actions 2020-04-16 4:55 pm By Cat Fredenburgh

Ford has lost its bid to delay an upcoming virtual trial in a class action over allegedly defective PowerShift transmissions, with a judge saying the parties must try to make a virtual trial work because the current “unsatisfactory” circumstances caused by the coronavirus pandemic could continue for a year or more.

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‘This is the reality of litigation in Australia’: Class action clashes with Ford over virtual trial
Trials 2020-04-09 9:59 pm By Christine Caulfield

Arguing that the court should not be “baulking at problems that have the potential to occur”, counsel for a class action against Ford is pushing back against a bid by the car maker to put the brakes on an upcoming virtual trial the company says will be too difficult and costly.

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Federal Court grapples with own practice note in IAG insurance class action
Class Actions 2020-03-10 4:59 pm By Miklos Bolza

With the common fund order tossed in a class action against two IAG entities over allegedly worthless add-on insurance, a Federal Court judge on Tuesday was asked to grapple with a practice note in determining when to notify group members of a possible order to “equitably and fairly” distribute the legal costs and funding commission in the proceedings.

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‘Only I get to use Latin’: Unconscionable conduct claim is in, ‘inter alia’ is out in Suncorp class action
Class Actions 2019-12-16 9:27 pm By Miklos Bolza

The judge overseeing a conflicted remuneration class action against Suncorp has allowed the class to bring an unconscionable conduct claim, but put the kibosh on the plaintiff’s use of the phrase ‘inter alia,’ saying “only I get to use Latin”.

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‘The well has run dry’: Judge shoots down class action bid for internal Ford reports
Class Actions 2019-11-22 10:07 pm By Cat Fredenburgh

The judge overseeing a class action against car maker Ford over its allegedly defective PowerShift transmission has shot down the applicant’s request for additional discovery, saying that after multiple delays in the case “the well has run dry”.

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Ford class action judge considers cash security in ‘war and peace of discovery’ disputes
Class Actions 2019-10-09 5:19 pm By Amelia Birnie

The judge overseeing the long-running class action over allegedly faulty Ford PowerShift transmissions has told the applicants they might need to put up considerable cash security to cover the “war and peace of discovery” disputes, after Ford slammed the delayed request for documents as “complete and utter nonsense”.

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Judge signs off on contested common fund bid in $1B IAG insurance class action
Class Actions 2019-09-13 9:02 pm By Christine Caulfield

A judge has approved a common fund application in a class action against two IAG entities over add-on insurance said to be worth up to $1 billion, saying it was only fair to make all group members pay to fund the litigation.

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‘A degree of chaos’: Judge questions IAG common fund as High Court decision looms
Insurance 2019-08-16 8:48 pm By Miklos Bolza

A judge has questioned a common fund application in a class action against two IAG entities over allegedly worthless add-on insurance, saying there may be a “degree of chaos” if the order was approved only to be undone by a pending High Court decision.

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Judge grants costs for anti-suit injunction after Ford class action ‘misadventure’
Class Actions 2019-07-10 4:11 pm By Miklos Bolza

The Federal Court has granted auto giant Ford’s request for the costs of an anti-suit injunction it sought in the PowerShift transmission class action that was ultimately unnecessary after the class was denied its bid to access discovery from similar proceedings in the United States.

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Copyright Tribunal overstepped with amended Foxtel licence, says Full Court
Intellectual Property 2019-06-11 3:08 pm By Miklos Bolza

The Copyright Tribunal erred by including rights in a reissued Foxtel licence agreement that fell outside the authority of the licence grant holder, the Phonographic Performance Company of Australia, the Full Federal Court has found.

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