Judges

An appeals court has partially sided with Toyota in a challenge to the damages bill assessed by a judge in a class action over defective diesel filters, saying the reduction in value of affected cars should be assessed at 10 per cent, not 17.5 per cent, of the price paid by motorists.

A judge overseeing a competition class action against Queensland power companies Stanwell and CS Energy has warned that judges need to be inventive in how they manage large group proceedings, otherwise the “system will collapse”.

A judge overseeing a $129 million underpayments class action against hospitality giant Merivale has rejected a bid for a second round of opt out notices, finding that even if the first round went straight to employees’ junk or spam folders, it did not follow that they had not been read.

An investor class action has reached a settlement with four former directors of defunct Linchpin Capital, leaving only allegations against AIG Insurance, which is allegedly seeking to withdraw an admission that directors were insured under a D&O policy. 

A group member in a class action against J&J unit Depuy International can receive compensation for out of pocket expenses associated with an alleged defective knee implant, despite having been paid by WorkSafe Victoria, a court has found.

The tax commissioner has convinced a judge to throw out proceedings by Malaysian power company YTL Power seeking declarations that it does not owe capital gains tax from the sale of its stake in ElectraNet Pty Ltd.

The insurers of Blue Sky Alternative Investments are fighting a bid to be joined to a consolidated investor class action against the company and its auditor, EY.

Fox News CEO Lachlan Murdoch wants a court to decide before trial whether a Crikey article published last year that allegedly linked him to the US Capital riot was defamatory. 

A judge has sent the ABC away to rethink its truth defence to claims in a case brought by former Army major Heston Russell that alleges two articles in 2021 defamed him by suggesting among other things that he was involved in murdering an Afghan prisoner.

App developers can be added as group members in class actions against Apple and Google alleging they engaged in anti-competitive conduct in operating their app stores, despite Apple’s concerns that the law firm running the case will owe conflicting duties.