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No more ‘unadulterated waffle’ please: Court has gone awry with unconscionable conduct, judge says
Competition & Consumer Protection 2024-04-05 11:32 pm By Christine Caulfield

A judge who tossed a $650 million lawsuit by dealers against Mercedes-Benz has said he rejected a “value-laden” take by other judges on what amounts to unconscionable conduct, avoiding what he mockingly described as “putatively profound” propositions “dollied up in prettified prose”.

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‘A Pyrrhic victory’: Class action up for Worley’s costs after failing to prove loss
Class Actions 2024-03-07 3:59 pm By Christine Caulfield

Despite succeeding on a number of claims, the applicant in a tortuous shareholder class action against Worley must foot the engineering services company’s bill for defending two trials.

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Slater & Gordon can delay fight over security in shareholder class action
Class Actions 2024-03-01 5:51 pm By Sam Matthews

A judge has allowed Slater & Gordon to adjourn a fight about security for costs in a shareholder class action against Beach Energy until it has more favourable evidence of its debt financing position, over the energy company’s objection to the “doctrinally unprecedented” application.

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Class action firm’s bid to delay fight over security ‘doctrinally unprecedented’, Beach Energy says
Class Actions 2024-02-21 9:35 pm By Sam Matthews

Beach Energy is fighting a bid to adjourn a fight about security for costs in a shareholder class action until the firm that’s running it has more favourable evidence of its debt financing position, saying the application is “doctrinally unprecedented.”

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Worley shareholder class action takes another trip to appeals court
Class Actions 2024-02-07 11:09 pm By Christine Caulfield

It’s a case of déjà vu in a class action against engineering services company Worley, with shareholders heading back to the appeals court after losing a second trial in their drawn out fight over disclosure breaches.

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Mercedes-Benz dealers appeal loss in $650M suit over model switch
Appeals 2024-02-01 9:03 pm By Cat Fredenburgh

Mercedes-Benz dealers have appealed a judgment that found their $650 million lawsuit against the luxury car maker over its decision to move to a fixed-price agency model tried to “rewrite the contractual bargain” they had agreed to in order to better suit their commercial interests.

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As Roundup trial wraps up, Monsanto says class action has ‘finger on scales’
Trials 2024-01-30 5:48 pm By Sam Matthews

Defending allegations that its popular weed killer Roundup is carcinogenic, agrochemical giant Monsanto has accused the class action of having its “finger on the scales” when presenting scientific evidence to the court.

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‘No safe level of exposure’ to Roundup, class action tells court
Class Actions 2024-01-29 4:46 pm By Sam Matthews

A class action against agrochemical giant Monsanto has told the court that there is “no safe level of exposure” to carcinogens allegedly present in the company’s popular weed killer Roundup. 

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RMIT Village developer loses appeal in case clarifying Victoria’s domestic building law
Construction 2024-01-15 2:26 pm By Cindy Cameronne

Developer Centurion Australia Investments has lost an appeal in a dispute with builder APM Group in which it argued that its RMIT Village student accommodation falls under laws applying to domestic buildings. 

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Top 10 class action settlements of 2023
Top 10 Class Action Settlements 2024-01-05 4:07 pm By Cat Fredenburgh

Companies and government entities paid out less to settle class actions in 2023 than in the previous two years, with no mega settlements hitting their pocketbooks.

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