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Saga of common fund orders ripe for return to High Court
Analysis 2023-02-15 10:16 pm By Christine Caulfield

The question of power to make a common fund order at the end of a class action was no longer a hypothetical one and it was time to send the issue to the Full Federal Court. That’s what the 7-Eleven class action judge was told 15 months ago but he failed to heed the advice, resulting in a court deeply divided and funders clamouring for reform.

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High Court shoots down Volkswagen’s challenge to landmark $125M dieselgate penalty
Competition & Consumer Protection 2021-11-12 12:31 pm By Miklos Bolza

The High Court has rejected Volkswagen’s special leave application to challenge a record $125 million penalty for selling cars with a defeat device that allowed them to cheat on emissions tests.

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Shareholders fail to prove loss from Babcock & Brown disclosure breaches
Financial Services 2021-09-06 11:49 am By Christine Caulfield

Shareholders of the collapsed Babcock & Brown have failed in their challenge to a ruling tossing their cases for damages for disclosure breaches during the global financial crisis, with an appeals court finding the investors had not shown the breaches caused any loss.

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Volkswagen asks High Court to toss landmark $125M Dieselgate penalty
High Court 2021-06-10 2:56 pm By Cat Fredenburgh

Volkswagen has asked the High Court to throw out a a landmark $125 million penalty over its emissions cheating scandal, the highest ever handed down in Australia for consumer law violations.

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Kraft to pay Bega $9.25M to resolve peanut butter trade dress battle
Intellectual Property 2021-06-03 4:22 pm By Cat Fredenburgh

Kraft has agreed to pay Bega $9.25 million as part of a settlement resolving a long-running battle over peanut butter trade dress rights, after the US consumer goods giant exhausted all its options for appealing a ruling that found Bega had acquired the rights to the trade dress.

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Damages claimed in Takata airbags class action against VW ‘quite absurd’, court told
Automotive 2021-05-18 8:25 pm By Miklos Bolza

A class action trial against Volkswagen over recalled Takata airbags has kicked off, with a lawyer for the car giant denying the airbags carried a safety risk and attacking as “quite absurd” the sought-after damages of 30 percent of the initial price tag of affected cars.

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Volkswagen loses appeal of landmark $125M fine in ‘turning point’ for ACCC
Competition & Consumer Protection 2021-04-09 8:55 pm By Cindy Cameronne

Volkswagen has lost its challenge to a landmark $125 million Dieselgate penalty handed down by a judge who lambasted a $75 million fine proposed by the ACCC as “manifestly inadequate”, in what ACCC chair Rod Sims told Lawyerly was a “turning point” for the regulator to push for higher fines.

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Maurice Blackburn did not breach obligations in TWE class action, Full Court finds
Appeals 2020-12-17 4:55 pm By Miklos Bolza

The Full Federal Court has tossed an appeal by Treasury Wine Estates claiming that Maurice Blackburn and barrister Guy Donnellan breached their obligations in preparing the pleadings in a current shareholder class action against the global winemaker.

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Law firm ‘took advantage’ of privileged position in filing Treasury Wines class action, court told
Class Actions 2020-11-27 7:51 pm By Miklos Bolza

Treasury Wine Estates has accused plaintiffs law firm Maurice Blackburn and barrister Guy Donnellan of “taking advantage” of their privileged position by using evidence discovered in a settled class action to file a second case against the wine maker.

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Full Court trashes ACCC appeal over Woolworths ‘eco’ picnic products
Competition & Consumer Protection 2020-09-29 7:03 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has lost its appeal of a ruling that found Woolworths’ environmental claims for its ‘Select Eco’ line of compostable plates, bowls and cutlery were accurate, not false and misleading.

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