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‘High time’ to end uncertainty: Judge sets clock to run after class action abandoned
Class Actions 2022-04-27 11:52 am By Christine Caulfield

A judge has ruled that the discontinuance of a class action doesn’t lift the suspension of the limitations period on group member claims, and a court order that the clock run again is needed to ensure companies don’t face potential litigation in perpetuity.

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Thomson Geer snags class action lawyer from Clifford Chance
Business of Law 2022-04-27 10:04 pm By Cat Fredenburgh

Thomson Geer has lured a lawyer specialising in complex litigation, including class actions, from Magic Circle firm Clifford Chance.

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7-Eleven class action judge urged to accept lawyer’s word on deferred fees claim
Class Actions 2022-04-22 10:47 pm By Christine Caulfield

No evidence was produced of a deferred fee arrangement between the law firm and funder backing franchise class actions against 7-Eleven, and the “unequivocal” denial by the solicitor running the cases should be accepted, a court has heard.

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‘Pretty unsatisfactory’: Judge sceptical of Colonial plan to stick ATO with settlement distribution
Class Actions 2022-04-22 1:34 pm By Sam Matthews

A judge has expressed doubts over Colonial First Stateā€™s plan to pass on part of its duties to the ATO in distributing a $56.3 million settlement secured by customers in a Maurice Blackburn-led class action.

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Aveo says class action opt out notice would ‘scare’ elderly people
Class Actions 2022-04-21 5:24 pm By Cat Fredenburgh

Retirement home provider Aveo Group has opposed a proposed opt out notice that it says would “scare” elderly people by warning the funder that’s backing a class action against it may seek an “unprecedented” order against certain unfunded group members.

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Macquarie plays blame game with car dealers in flex commissions class action
Class Actions 2022-04-21 5:33 pm By Sam Matthews

Macquarie Leasing has hit back at a class action over alleged unfair flex commission arrangements with car dealers, saying dealers were not required to propose high interest rates as part of the scheme and that customers were not forced to accept them.

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Deloitte strikes back in Noumi class action over $590M write-down
Class Actions 2022-04-21 5:03 pm By Cindy Cameronne

Deloitte and Noumi, formerly known as Freedom Foods, have pointed the finger at one another in a consolidated shareholder class action, with the accounting giant saying the food company made misleading representations in its financial reports and should be on the hook for its costs in defending the lawsuit.

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GM cites force majeure clause in defence to Holden dealers class action
Franchises 2022-04-21 1:48 pm By Cat Fredenburgh

General Motors Holden Australia has denied that it owes compensation to Holden dealers over its decision to retire the iconic brand in Australia, and says its dependence on other GM units to supply the cars constituted “an event beyond its reasonable control”.

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High Court refuses leave to class action in GST case against developer
Class Actions 2022-04-19 6:59 pm By Cindy Cameronne

The High Court won’t hear a challenge to a decision finding a Canberra property developer that misled investors about GST on its apartments did not have to pay for losses alleged in a class action against it.

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Scenic hit with damages of up to $25M in class action over luxury cruise turned bus tour
Class Actions 2022-04-14 10:19 pm By Sam Matthews

A judge has made a long-awaited award of damages to travellers who were promised a ā€œonce in a lifetime cruise along the grand waterways of Europeā€ but were instead forced to take the bus from city to city.

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