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VW class action judge frowns on bid for common fund order
Class Actions 2019-12-11 11:20 pm By Miklos Bolza

The judge overseeing the settlement approval process in multiple class actions against Volkswagen over the diesel emissions scandal has criticised an application for a common fund order by the funder backing two Bannister Law-led lawsuits.

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Competition watchdog keeps up fight for lower access fees at Port of Newcastle
Competition & Consumer Protection 2019-11-28 9:46 pm By Miklos Bolza

The ACCC has taken its long-running battle over access fees at the Port of Newcastle to the Federal Court, challenging a re-arbitration decision that overturned its finding that the fees should be cut by 20 per cent.

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Qube slaps Port of Newcastle with misuse of market power suit
Exclusive 2019-11-20 10:15 pm By Cat Fredenburgh

Qube has filed a misuse of market power case against the operator of the Port of Newcastle for allegedly forcing the logistics giant to pay for equipment it needs to provide dry bulk unloading services at the port.

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‘A point of high principle’: Funder argues it shouldn’t face costs for failed Airservices class action
Employment 2019-10-29 9:42 pm By Miklos Bolza

The litigation funder that backed a now dismissed class action against aviation service provider Airservices has argued funders should not face costs orders in Fair Work class actions, with a judge saying the debate raised “a point of high principle”.

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ACCC wants stay of Garuda appeal as airline refuses to pay $19M fine
Appeals 2019-10-29 8:59 pm By Miklos Bolza

The Australian Competition and Consumer Commission is seeking a stay of an appeal by PT Garuda Indonesia while the airline’s $19 million fine May for engaging in cartel conduct remains unpaid.

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Toyota points finger at drivers in diesel filter class action
Class Actions 2019-10-23 3:42 pm By Miklos Bolza

Responding to a class action on behalf of over 250,000 car owners, auto giant Toyota has admitted issues with filters in three of its diesel vehicle models but says drivers who failed to respond to warning lights in their cars could not clam damages for any breaches of quality guarantees.

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Mazda faces possible class action over diesel engine defects
Class Actions 2019-10-22 9:29 pm By Miklos Bolza

Law firm Bannister Law is probing a possible class action against Mazda after the automotive giant recalled tens of thousands of diesel vehicle models due to engine safety defects.

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Car rental company ordered to recover deleted emails in ACCC case
Competition & Consumer Protection 2019-10-17 3:51 pm By Miklos Bolza

Car rental company Australian 4WD Hire will need to take steps to recover deleted, allegedly threatening emails after a court found it had not complied with its discovery obligations in an unconscionable conduct case brought by the consumer regulator.

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Sydney Metro loses bid for Tiffany & Co chats in dispute over flagship store
Real Estate 2019-10-15 10:52 am By Miklos Bolza

High-end jewellery retailer Tiffany & Co has won its bid to block Sydney Metro from accessing privileged documents in a dispute over the compulsory acquisition of its store in Sydney’s Martin Place for the $2.7 billion Sydney Metro rail project.

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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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