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Hyundai, Kia must produce docs to class action, can’t get by with ‘sample set’
Class Actions 2024-09-02 2:18 pm By Sam Matthews

Hyundai and Kia have been ordered to produce further documents to allow a class action to investigate the nature and extent of alleged engine defects, with a judge rejecting the car makersā€™ bid to produce only a sample set of documents.

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United Petroleum wins appeal of ruling security would stifle franchisee class action
Class Actions 2024-08-30 11:42 pm By Cat Fredenburgh

A court has overturned a decision that franchisees bringing a class action against United Petroleum should be spared a security for costs order, saying there wasn’t enough evidence to conclude that the case would otherwise be stifled.

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Flex commission class action pleadings ‘inappropriate and unhelpful’, says judge
Financial Services 2024-08-30 2:03 pm By Cindy Cameronne

A judge has criticised the pleadings in class actions against ANZ, Macquarie and Westpac over flexible commission schemes for car dealers, saying they were “inappropriate and unhelpful” in referring to documents in the banking royal commission.Ā 

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Funder’s payout in AMP class action should be shaved by $2.6M, court told
Class Actions 2024-08-29 11:31 pm By Sam Matthews

A contradictor appointed to represent group members’ interests in relation to a $100 million settlement in a class action against AMP wants to shave $2.6 million off the funderā€™s cut, telling the court that deductions for ATE insurance and administrative fees should not be approved.

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Contingency fee rates may rise in wake of Slater & Gordon win
Analysis 2024-08-29 11:49 pm By Christine Caulfield

A ruling this week that kept intact a contingency fee rate of 27.5 per cent sought by Slater & Gordon to run a shareholder class action against G8 Education might encourage law firms to seek higher percentage payouts at the outset of group proceedings in Victoria.

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Carnival denies Ruby Princess passenger had ‘horrible’ time on ill-fated cruise
Class Actions 2024-08-29 11:06 pm By Cindy Cameronne

Carnival PLC has denied that a passenger, whose husband contracted COVID-19 and had to be put on a ventilator, had a ā€œhorribleā€ time aboard the ill-fated Ruby Princess, in a class actionā€™s appeal of a finding that she was only entitled to $4,000 in damages.

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Class action firms can breathe easier after first contingency fee win
Class Actions 2024-08-28 1:59 pm By Cindy Cameronne

Class action settlement approval hearings are not a time for the court to second guess a law firm’s contingency fee as set down in a group costs order, a judge has found, but the question of proportionality is still key, and evidence of a firm’s return on investment and hourly fees may be relevant to the final decision.

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$12.8M payday for Slater & Gordon as judge blesses first class action contingency fee
Class Actions 2024-08-28 11:02 am By Cindy Cameronne

A judge has signed off on the first-ever settlement allowing a law firm to earn a contingency fee, approving a $12.8 million cut for Slater & Gordon in a shareholder class action against G8 Education.

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Ruby Princess class action damages ‘far in excess’ of $4,000 award, Full Court told
Appeals 2024-08-28 11:32 pm By Sam Matthews

A class action against Carnival over a COVID-19 outbreak aboard its Ruby Princess cruise ship has told the Full Court the lead applicant is entitled to damages “far in excess” of the $4,000 awarded by the trial judge for distress and disappointment.

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HFW lures top litigation, restructuring partners from Johnson Winter Slattery
Business of Law 2024-08-28 10:18 pm By Andy Sidler

HFW has snagged two partners specialising in litigation and restructuring and insolvency from Johnson Winter Slattery, including the firm’s litigation practice group head.

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