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GM cites force majeure clause in defence to Holden dealers class action
Franchises 2022-04-21 1:48 pm By Cat Fredenburgh

General Motors Holden Australia has denied that it owes compensation to Holden dealers over its decision to retire the iconic brand in Australia, and says its dependence on other GM units to supply the cars constituted “an event beyond its reasonable control”.

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Priceline class action discontinued after funder bows out
Class Actions 2022-04-08 9:38 pm By Cindy Cameronne

A judge has approved a bid by group members to discontinue a class action alleging pharmacy giant Priceline exercised an “overly prescriptive level of control” on franchisees which limited their profitability, saying it was unlikely to succeed with a litigation funder.

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Slater & Gordon touts superior track record in battle to lead Beach Energy class action
Class Actions 2022-04-01 6:29 pm By Cindy Cameronne

Two heavyweight plaintiff firms battled it out Friday to run a shareholder class action against Beach Energy, with Shine Lawyers saying it should be rewarded for setting the price of the contingency fees sought in the case and Slater & Gordon arguing it has a better track record in class actions.

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Judge to lawyers: I hate to break it to you, but I don’t want your emails
Courts 2022-03-15 2:13 pm By Christine Caulfield

A judge overseeing a joint class action against Freedom Foods and Deloitte wants to break a bad habit among litigators of attaching to affidavits reams of correspondence between solicitors, and she has a message for legal practitioners — the court is not interested in what lawyers say to each other.

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Third Nuix class action means beauty parade may be unavoidable
Class Actions 2022-03-10 11:13 pm By Cat Fredenburgh

Technology company Nuix has been hit with a third shareholder class action over its troubled $1.8 billion float on the ASX, setting up what is likely to be the first beauty parade in the Supreme Court of Victoria since the state allowed class action lawyers to seek a cut of any settlement or judgment.

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Law firm can’t slug group members with adverse costs bill in bushfire class actions
Class Actions 2022-03-03 6:05 pm By Miklos Bolza

A law firm that ran two class actions over the St Patrick’s Day bushfires has lost a bid to have group members foot the bill for $50,000 in adverse costs, with a judge saying there was “no basis” for the request.

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Priceline class action on verge of collapse as funder withdraws
Class Actions 2022-02-18 1:18 pm By Cat Fredenburgh

The funder that was bankrolling a class action alleging pharmacy giant Priceline exercised an “overly prescriptive level of control” on franchisees which limited their profitability has withdrawn its support for the proceeding.

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Class action against Suncorp unit wants opt out notice delayed till eve of trial
Insurance 2022-02-18 1:55 pm By Christine Caulfield

The law firm behind a consumer class action against Suncorp subsidiary AAI over add-on car insurance says notices to group members should not be sent until the case is ready for trial and the “information asymmetry” is corrected.

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Viterra to pay $168.9M for misleading Cargill during Joe White sale
Corporate 2022-02-17 2:05 pm By Cat Fredenburgh

Grain producer Viterra will be ordered to pay Cargill Australia $168.9 million after a judge found the Glencore-owned company  misrepresented the performance capabilities of malt producer Joe White when it sold the company for $420 million in 2013.

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Class action members guaranteed more than 70% in first case giving lawyers slice of the pie
Class Actions 2022-02-08 2:47 pm By Christine Caulfield

The first order allowing plaintiffs lawyers to take a cut of the proceeds of a class action will guarantee group members in a case against G8 Education at least 72.5 per cent of any recoveries — a notably higher percentage than the minimum legislated by a controversial bill before federal parliament.

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