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GM looks to dodge class action costs after settling with lead plaintiff
Automotive 2023-09-20 11:40 pm By Sam Matthews

General Motors could be stuck paying more costs than it bargained for after it settled with the lead plaintiff in a class action over a decision to retire the Holden brand.

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Holden dealers reject GM’s bleak alternate reality in class action
Class Actions 2023-09-13 11:03 pm By Christine Caulfield

Holden dealers in a class action over GM’s decision to retire the brand in March 2020 have taken issue with the car maker’s counterfactual in defence, which argues the plant supplying Holden’s best-selling models would have closed anyway.

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Takata airbags class action against Volkswagen fails again
Appeals 2023-09-05 10:41 am By Cindy Cameronne

A class action against Volkswagen over allegedly deadly Takata airbags has failed a second time after an appeals court found “a merely speculative” risk of rupture was not enough to find the vehicles unacceptable.

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ACCC calls for $10M penalty against Honda for misleading customers
Competition & Consumer Protection 2023-09-05 11:37 pm By Sam Matthews

The consumer regulator has asked a judge to impose penalties of almost $10 million  against Honda Australia for misleading the customers of two former authorised dealerships, a penalty up to 10 times what the car maker says it should pay.

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Judge tosses claims in $650M dealer lawsuit against Mercedes-Benz
Contracts 2023-08-30 11:30 pm By Cat Fredenburgh

A judge has thrown out claims in a $650 million lawsuit by 38 dealers against Mercedes-Benz Australia over its decision to move to a fixed-price agency model, finding the dealers’ lawsuit sought to rewrite the terms of their agreement with the car maker on more commercially favourable terms.

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Hyundai, Kia class actions transfer bid should precede beauty parade: courts
Class Actions 2023-08-10 2:57 pm By Cindy Cameronne

Two courts have ruled that in competing class actions against Hyundai and Kia over allegedly faulty anti-lock braking systems, a plaintiff’s bid to transfer one of the cases from Victoria to the Federal Court should precede a carriage fight, deeming it the “straightforward” option. 

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HWL Ebsworth can’t point finger at client to reduce liability for negligence
Business of Law 2023-08-04 11:21 pm By Sam Matthews

A judge has ruled that HWL Ebsworth’s negligent advice over property in Paramatta’s ‘Auto Alley’ cost a client $2 million, rejecting the firm’s plea of contributory negligence against the owner.

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Lead plaintiff in class action settles claim against General Motors
Class Actions 2023-08-02 10:04 pm By Sam Matthews

The lead plaintiff in a class action by dealers over a decision to retire the Holden brand has settled its claim with General Motors, but is set to remain as the lead plaintiff in the case.

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Ultra Tune boss a ‘dreadful’ witness, says judge in ACCC’s contempt case
Franchises 2023-08-02 11:14 pm By Cindy Cameronne

A judge overseeing the Australian Competition and Consumer Commission’s case alleging auto mechanic Ultra Tune failed to comply with court orders has labelled its managing director Sean Buckley as “one of the more dreadful witnesses” he had seen.

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GM says supply of Holden’s best-selling cars would have dried up anyway
Class Actions 2023-08-01 11:33 pm By Christine Caulfield

Defending a class action by dealers over a decision to retire Holden, General Motors argues it would have been forced to close the unprofitable plant that manufactured the vehicles for the Australian market even absent the 2020 withdrawal of the iconic brand.

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