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GM can’t ‘walk away’ from language of settlement with class action plaintiff: appeals court
Class Actions 2024-08-15 11:03 pm By Sam Matthews

General Motors has failed to overturn a decision that put it on the hook for the applicant’s full costs in a partial settlement in a class action on behalf of Holden dealers, with an appeals court finding GM could not “walk away” from the ordinary meaning of the phrase ‘the plaintiff’s costs of the proceedings’.

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Court questions GM’s interpretation of settlement in Holden class action
Class Actions 2024-07-22 11:04 pm By Sam Matthews

An appeals court has questioned General Motors’ construction of its settlement with the applicant in a class action on behalf of Holden dealers, as the car maker seeks to overturn a ruling that put it on the hook for the applicant’s full costs.

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Silk Norman O’Bryan can’t appeal findings of fraud in Banksia class action
Appeals 2024-06-13 11:08 pm By Christine Caulfield

Unable to convince an appeals court that a common law right of appeal exists, disgraced former barrister Norman O’Bryan has failed in his challenge to findings of fraud in a judgment stemming from the Banksia class action saga.

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Class action firms that play nice should not have a leg up in beauty parade, court told
Class Actions 2024-05-08 11:16 pm By Cat Fredenburgh

Appellate guidance is needed on whether a history of cooperation between law firms that brought competing class actions can be the deciding factor in a close carriage contest, the Victorian Court of Appeal has heard.

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Telstra wins appeal of ruling putting it on hook for telemarketing firm’s ‘catastrophic crashes’
Telecommunications 2024-03-07 10:56 pm By Sam Matthews

Telstra has successfully appealed a decision holding it liable for a $2.6 million telecommunications bungle at a Melbourne-based telemarketing business, with a judge finding it was entitled to rely on the expertise of business partner Kyrtec.

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GCOs can’t travel to NSW, appeals court says in Arrium class action
Class Actions 2023-10-26 12:41 pm By Cindy Cameronne

KPMG has lost the latest round in its fight to transfer a class action over the collapse of steel giant Arrium from Victoria to NSW, with an appeals court finding that a group costs order made in the case could not travel across the border.

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Arrium class action’s potential loss of contingency fee irrelevant to transfer fight, KPMG says
Class Actions 2023-07-27 5:06 pm By Christine Caulfield

The possibility that a NSW judge will revoke a contingency fee order made in a class action over Arrium’s collapse is irrelevant to whether the proceedings should be transferred from Victoria to the appropriate forum, Arrium’s auditor KPMG has told a court.

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Chinese crypto miner wins return of equipment in five-way stoush
Cryptocurrency 2023-02-24 10:26 pm By Sam Matthews

A Chinese crypto miner has won its equipment back, for now, after a Melbourne business it charged with looking after the machines allegedly allowed four other businesses to access them, culminating in a five-way stoush involving an ambulance and police.

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Mitsubishi wins High Court leave in case over ‘misleading’ fuel economy label
Appeals 2023-02-17 10:03 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether Mitsubishi can be sued over allegedly misleading fuel efficiency representations on a label affixed to the windshield of a Triton 4WD that was required by law.

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High Court won’t hear appeal in spat with law firm over $24.5M Melbourne development
Legal Ethics 2022-10-20 10:53 pm By Cat Fredenburgh

The High Court has declined special leave to a former Rigby Cooke client who unsuccessfully challenged the law firm’s win in a dispute over a $24.5 million East Melbourne development.

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