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Judge OKs IAG class action settlement, rejects funder’s bid to recoup insurance
Class Actions 2020-12-17 3:01 pm By Christine Caulfield

A judge has signalled his intention to sign off on a $138 million settlement in a class action against IAG and approve a common fund order that gives the litigation funder a $34.5 million commission, but an application by the funder for reimbursement of after-the-event insurance has been refused.

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ACCC wins promise from Toyota to step up consumer compliance
Competition & Consumer Protection 2020-12-02 3:59 pm By Spencer Fowler Steen

Car giant Toyota, which is facing a class action over allegedly faulty diesel particulate filters in some of its vehicles, has agreed to step up its compliance with consumer laws, including how it communicates with car owners about mechanical issues.

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Amicus to argue against CFO in $138M IAG class action settlement
Class Actions 2020-11-05 4:34 pm By Miklos Bolza

An amicus curiae will be appointed by the court to argue against a common fund order application by the funder backing a class action against two Insurance Australia Group subsidiaries, after the insurance giant agreed to a $138 million settlement last month.

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Judge won’t let Toyota ‘inject lawyers’ into class action referee process
Class Actions 2020-08-14 9:50 pm By Christine Caulfield

A judge has rejected a bid by car giant Toyota to provide unsolicited submissions to a court-appointed referee tasked with determining technical questions in the case, saying the application was the first he’d ever seen in 30 years.

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Law firm hit with indemnity costs for opt out error in Toyota class action
Class Actions 2020-08-11 10:32 pm By Miklos Bolza

An error in an opt out notice sent to motorists eligible to sign up for a class action over allegedly defective diesel filters in Toyota vehicles has left a class action law firm on the hook for indemnity costs to cover a new notice to group members.

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Corrs ‘mistake’ doesn’t doom ‘potentially quite significant’ evidence in Ford class action
Class Actions 2020-08-05 2:27 pm By Miklos Bolza

A judge has granted a mid-trial bid to bring in “potentially quite significant” new evidence in a class action against Ford over its allegedly defective PowerShift transmissions, finding the failure to file the material earlier was not deliberate but a “mistake” on the part of the lead applicant’s solicitors at Corrs Chambers Westgarth.

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Judge spends Sunday drafting orders after ‘highly unsatisfactory’ conduct in Toyota class action
Class Actions 2020-06-22 10:39 am By Alison Eveleigh

A judge has criticised the parties for failing to comply with orders made in a class action against Toyota over allegedly defective filters in the car giant’s diesel models, and spent half his weekend preparing new orders for both sides.

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Lead applicant breaks down during cross-examination in Ford class action trial
Class Actions 2020-06-19 4:51 pm By Miklos Bolza

The lead applicant in a class action against Ford over its allegedly defective PowerShift transmission broke down after being accused of lying under oath during a heated virtual cross-examination by the car company’s barrister.

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VW carve-out settlement may become more popular as class action scrutiny heats up
Analysis 2020-05-25 8:24 pm By Christine Caulfield

The settlement arrangement resolving five class actions against Volkswagen, which carved out hefty legal fees from the $120 million payout to drivers, could become more prevalent as the spotlight is once again trained on the cost of class actions. But the approach is not without controversy, experts say.

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Court suppresses details of Grosvenor, Vannin co-funding agreement
Competition & Consumer Protection 2020-05-18 4:16 pm By Miklos Bolza

A court has granted a request from Grosvenor Litigation Services, the funder that backed two class actions against Volkswagen over its emissions cheating scandal, to suppress the details of a co-funding agreement with Vannin Capital.

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