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Car makers won’t take class closure fight to High Court
Product Liability 2020-05-07 11:24 pm By Miklos Bolza

Seven car makers defending class actions over defective Takata airbags have confirmed they will not be challenging a landmark decision that set aside a pre-settlement class closure order in the cases.

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‘Fanciful’: Judge tosses Queensland taxi drivers claim for losses caused by Uber
Competition & Consumer Protection 2020-05-04 2:54 pm By Miklos Bolza

A group of Queensland taxi drivers has lost the bulk of a lawsuit seeking compensation from the state government for losses allegedly caused by ride sharing services like Uber, with a court dismissing the drivers’ claims as “fanciful”.

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Ex-Directed Electronics manager dropped lawyers mid-trial in ‘tactical’ move, court hears
Intellectual Property 2020-05-04 1:00 pm By Miklos Bolza

Directed Electronics has slammed a decision by one of its former managers to switch lawyers in the middle of a trial over alleged corporate theft, saying the move had a “tactical flavour”.

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Courts don’t have power to make class closure orders, appeals court says
Class Actions 2020-04-22 6:30 pm By Miklos Bolza

An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.

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Judge to approve $127M VW class action settlement, but 25% uplift may be axed
Class Actions 2020-03-26 9:08 pm By Alison Eveleigh

After almost five years of litigation, a Federal Court judge said he will approve a $127.1 million settlement of five class actions against Volkswagen over the diesel emissions scandal, but appeared unwilling to sign off on a 25 per cent uplift in fees sought by one of the plaintiffs firms.

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Judge says watching trial on iPad in lockdown scenario would be ‘unsatisfactory’
Intellectual Property 2020-03-25 12:41 pm By Miklos Bolza

The judge overseeing the trial in a trade secrets case brought by Australian auto electronics developer Directed Electronics OE against its rivals is considering how the cross-examination of witnesses will proceed given current restrictions imposed on gatherings due to the coronavirus, including in the event of a possible lockdown.

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Courts criticised for losing sight of justice in Takata airbag class closure challenge
Class Actions 2020-02-19 8:38 pm By Miklos Bolza

The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.

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Judge allows docs despite ‘real risk’ of prosecution for ex-Directed Electronics manager
Intellectual Property 2020-02-17 11:44 am By Miklos Bolza

A former manager of Australian electronics automotive developer Directed Electronics OE has failed to block access to certain documents in a corporate theft case, despite the Federal Court finding they gave rise to a “real and appreciable risk” of civil or criminal prosecution against him.

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VW appeals record $125M penalty over ‘dieselgate’ scandal
Appeals 2020-02-12 9:24 am By Cat Fredenburgh

Volkswagen has appealed a record $125 million penalty handed down over its emissions cheating scandal by a judge who criticised a $75 million settlement agreement with the Australian Competition and Consumer Commission as “manifestly inadequate”.

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Mazda to ACCC: We don’t have to replace dented, scratched up cars
Competition & Consumer Protection 2020-01-29 4:41 pm By Cat Fredenburgh

Japanese car maker Mazda has replied to an ACCC action alleging it violated the Australian Consumer Law by failing to provide consumers with refunds or no-cost replacements for their allegedly faulty vehicles, saying it was not required to replace dented and scratched cars.

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