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Jaguar class action judge did not ‘become a witness’ in siding with G+T, says Full Court
Class Actions 2024-05-27 11:52 pm By Cindy Cameronne

While it was unfair for a judge to pick Gilbert + Tobin to run a class action against Jaguar Land Rover on the condition that it lower its funding rate, the judge was entitled to consider the law firm’s experience in a similar case against Toyota, an appeals court has said in its reasons. 

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Toyota class action loses bid for emissions cheat source code
Class Actions 2024-05-24 10:59 pm By Cindy Cameronne

A class action against Toyota alleging it installed diesel defeat devices in several models of its vehicles has lost a bid to access source code for the cars’ emissions control systems, with a judge finding it was not relevant to any current fact in issue. 

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Brickworks forced to close doors in WA after ‘predatory pricing’ by rival BGC, court told
Competition & Consumer Protection 2024-05-24 10:56 pm By Cindy Cameronne

Australia’s largest brick manufacturer Brickworks has accused a rival founded by billionaire Len Buckeridge of substantially lessening competition in Western Australia through a 2021 acquisition and engaging in predatory pricing that caused it to shut its doors in the state.

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Decision awarding Jaguar class action to Gilbert + Tobin shot down on appeal
Appeals 2024-05-17 11:09 pm By Cindy Cameronne

A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case. 

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Sky News appeals loss to Isentia in case of ‘wholesale copying’
Intellectual Property 2024-05-15 11:09 pm By Christine Caulfield

Sky News has taken its fight with Isentia to the Full Federal Court, after a judge found the the media monitor was not liable for copyright infringement despite the “wholesale copying” of content distributed to government clients.

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AMP class action judge says court should be ‘cautious’ in class closure fights
Article 2024-04-26 11:24 pm By Sam Matthews

AMP has lost its bid for soft class closure in a class action over allegedly excessive superannuation fees, with a judge finding the court should exercise “real caution” when class closure is opposed by the applicant. 

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Media monitor Isentia wins copyright fight with Sky News despite ‘wholesale copying’
Intellectual Property 2024-04-26 2:46 pm By Cindy Cameronne

A judge has ruled that media monitor Isentia did not infringe the copyright of Sky News, despite the “wholesale copying” of content for its government clients, because its actions were done for the “services of the Commonwealth or State”.

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Judge worries about perception that FWO treated CFMEU ‘more equal than others’
Employment 2024-04-22 11:55 pm By Cindy Cameronne

A judge has expressed concern that a “bizarre” last-minute settlement in a long-running case against the CFMEU could damage the public perception of the FWO as a model litigant, saying it could appear that the ombudsman treated some perpetrators as “more equal” than others. 

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‘Disappointing’: Lawyers bemoan loss of right to challenge ACCC merger decisions in court
Analysis 2024-04-10 11:11 pm By Cindy Cameronne

Competition law experts have raised doubts about changes to Australia’s merger review regime announced Wednesday, calling the reforms a mixed bag for businesses and the reduced role of the Federal Court “disappointing”.

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AMP class action members deserve to know why discontinued claims fell short, judge says 
Class Actions 2024-04-09 11:29 pm By Sam Matthews

A judge has refused to redact a judgment signing off on the discontinuance of several product claims in a class action against three AMP subsidiaries after the applicant failed to gather the required evidence, saying it was not enough that the reasons “may be an embarrassment to people who commenced the proceeding”. 

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