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Judge fines Volkswagen $125M after slamming ‘manifestly inadequate’ ACCC settlement
Competition & Consumer Protection 2019-12-20 11:45 am By Miklos Bolza

A Federal Court judge has slapped Volkswagen with a record $125 million penalty over its emissions cheating scandal after expressing outrage at a “manifestly inadequate” $75 million settlement agreement reached with the Australian Competition and Consumer Commission.

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Reports of death of common fund orders greatly exaggerated
Analysis 2019-12-19 11:46 pm By Christine Caulfield

Common fund orders in federal class actions could live to see another day, the Federal Court has indicated in new guidance to be released Friday, which swiftly responds to a recent judgment by the High Court that appeared to spell their doom.

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Trial date vacated again in Country Care criminal cartel case
Competition & Consumer Protection 2019-12-19 11:43 pm By Cat Fredenburgh

A judge has vacated an upcoming trial date in a criminal cartel proceeding against mobile equipment provider Country Care Group and two individuals, and allowed the defendants to appeal a first-of-its-kind ruling on jury directions in criminal cartel cases.

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Judge OKs $190M stolen wages class action settlement, says funder’s cut fair
Class Actions 2019-12-19 11:33 pm By Christine Caulfield

Calling it the largest human rights case in Australia’s history, a judge has signed off on a $190 million settlement in a class action against the State of Queensland and approved the funder’s 20 per cent cut of the proceeds.

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Class wins access to Appco insurance docs in sham contracting case
Employment 2019-12-19 10:18 pm By Cat Fredenburgh

Appco has agreed to hand over insurance policy documents to the lead applicant in a $90 million sham contracting class action, amid concerns about the dire financial state of the fundraising company as the matter moves towards mediation.

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Westpac class action on shaky ground after High Court ruling
Class Actions 2019-12-19 6:30 pm By Miklos Bolza

A class action against Westpac over allegedly excessive insurance premiums that was at the centre of a successful High Court challenge to common fund orders may back out of funding the case in the wake of the landmark ruling.

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‘Australia’s largest class action’ turns to bookbuilding after common fund blow
Class Actions 2019-12-19 6:04 pm By Miklos Bolza

A planned class action by Shine Lawyers, pegged as “Australia’s largest class action,” over allegedly toxic firefighting foam at eight Commonwealth military bases won’t be filed this month and has turned to bookbuilding following a landmark High Court ruling striking down common fund orders at the outset of class actions.

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Westpac hit with $9.15M penalty over bad advice
Financial Services 2019-12-19 3:41 pm By Cat Fredenburgh

A Federal Court judge has ordered Westpac to pay a $9.15 million penalty after one of its financial advisers breached the best interests duty by giving customers bad advice that resulted in millions in losses.

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Fight to lead Monsanto class action could be on the cards
Product Liability 2019-12-19 2:39 pm By Miklos Bolza

A beauty contest to lead a class action against Monsanto over its allegedly cancer-causing weedkiller Roundup could be on foot, with the US chemical giant now facing one class action in the Federal Court and another in the Victorian Supreme Court.

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Funder of stolen wages class action fights to keep common fund order alive
Class Actions 2019-12-18 11:30 pm By Christine Caulfield

Arguing it shouldn’t be the victim of an “accident of timing”, the funder that bankrolled the landmark stolen wages class action is fighting to save a common fund order granting it 20 per cent of a $190 million settlement in the case, despite a recent High Court judgment shooting down the orders.

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