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Law firm fight over Jaguar Land Rover class actions not over yet
Class Actions 2023-10-27 11:23 pm By Cat Fredenburgh

Maurice Blackburn looks set to appeal a decision booting its class action against Jaguar Land Rover in favour of a case by a rival law firm whose experience in a similar class action was the deciding factor in a carriage contest.

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Judge pauses Virgin’s cross-claim in bondholders class action
Class Actions 2023-10-26 11:58 pm By Sam Matthews

The judge hearing a bondholders class action against Virgin Australia has deferred the resolution of the airline’s cross-claim seeking seeking periodic payments from the class action to cover its costs under a contentious indemnity clause.

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Monsanto loses bid to throw out ‘cut and paste’ expert evidence in Roundup class action
Class Actions 2023-10-24 11:18 pm By Cat Fredenburgh

Monsanto can’t throw out the evidence of an expert for the plaintiff in a class action over its Roundup product who has testified that the company engaged in criminal conduct in trying to bury scientific reports on the popular weed killer’s alleged cancer-causing properties.

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Cantarella loses ‘Oro’ mark on Vittoria coffee in spat with Lavazza
Intellectual Property 2023-10-20 3:11 pm By Cindy Cameronne

Vittoria’s Cantarella Bros has lost its long-running trade mark stoush with Italian rival Lavazza after a judge found the coffee manufacturer’s two registered ‘Oro’ marks should be cancelled because the word was previously used by another coffee supplier. 

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Court throws out $850M lawsuit over Pentridge development
Real Estate 2023-10-16 11:39 pm By Sam Matthews

A judge has dismissed a lawsuit brought over a development in Melbourne’s north, citing “inordinate and inexcusable delay” on behalf of the collapsed developer and its builder, which replaced its solicitors seven times.

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Judge’s blessing of ‘solicitors’ CFO’ may bring class actions back to Federal Court
Class Actions 2023-10-12 11:40 pm By Cat Fredenburgh

A Federal Court judge’s endorsement of the novel idea of a ‘solicitors’ common fund order’ may reverse the trend of class action lawyers running to the Supreme Court of Victoria, where they can earn a contingency fee, to file their cases.

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Experience trumps funding model in Jaguar Land Rover beauty parade
Class Actions 2023-10-12 12:29 pm By Cindy Cameronne

A judge has awarded carriage of a class action against Jaguar Land Rover over allegedly defective diesel filters to a law firm that won a similar case against another car maker, saying the firm’s experience was not a “neutral factor”.

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Virgin Australia lobs cross-claim in bondholder class action
Class Actions 2023-10-09 10:26 pm By Sam Matthews

A bondholder class action against Virgin is heating up, with the airline filing a cross-claim seeking the court’s approval to demand periodic payments from the applicant to cover its costs under a contentious indemnity clause.

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Judge says expert referral process in Pacific Highway case ‘gone off the rails’
Construction 2023-10-06 4:06 pm By Cindy Cameronne

A judge has raised concerns about expert evidence in a dispute between Acciona Infrastructure, Ferrovial Construction and three insurers over losses during construction of the $695 million Pacific Highway in NSW, saying the expert referral process had “gone off the rails”.

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Consolidated Downer EDI class action carries the day
Class Actions 2023-10-02 3:18 pm By Sam Matthews

Two law firms that were able to “work cooperatively” to join their cases have been awarded carriage of a shareholder class action against mining firm Downer EDI. The judge overseeing the proceedings also approved a group costs order application that proposed a “reasonable rate” of return to the firms.

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