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Funder to seek 30% cut from $9.5M McMillan Shakespeare class action settlement
Class Actions 2020-11-10 9:46 pm By Cat Fredenburgh

The funder that backed a class action against McMillan Shakespeare over ‘illusory’ car warranties, which settled for less than 20 per cent of the $47.6 million claim value, will seek court approval for a 30 per cent cut of the $9.5 million settlement.

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Climate change lawsuit ‘hopelessly defective’, court told
Environment 2020-11-10 2:44 pm By Miklos Bolza

The Federal Government has critised as “hopelessly defective” a lawsuit alleging it failed to disclose the impacts of climate change to investors in sovereign bonds, and the judge overseeing the matter has also raised concerns about the case.

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Class action beauty parade takes centre stage at High Court
Class Actions 2020-11-09 10:56 pm By Christine Caulfield

The eyes of class action lawyers will be on the High Court Tuesday as it hears arguments over a judge’s power to choose a single class action among competing proceedings and what, if anything, should be made of a case’s funding structure and likely returns to group members when picking a winner.

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McMillan Shakespeare to pay $9.5M to settle $47.6M class action
Class Actions 2020-11-09 3:01 pm By Miklos Bolza

The lead applicant in a $47.6 million class action against McMillan Shakespeare over ‘illusory’ car warranties will seek court approval for a $9.5 million settlement, less than 20 per cent of the claim value.

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Another aged care provider faces class action over COVID-19 outbreak
Class Actions 2020-11-09 12:15 pm By Cat Fredenburgh

A nursing home in Melbourne’s Western suburbs may be hit with a class action over a COVID-19 outbreak at the facility that resulted in the deaths of 11 residents.

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Notice to all Slater & Gordon shareholders unnecessary, judge says as Pitcher Partners case scrapped
Class Actions 2020-11-05 5:27 pm By Miklos Bolza

Notice of the discontinuance of a class action on behalf of Slater & Gordon shareholders against Pitcher Partners need not be sent to all group members, a judge has ruled, acknowledging there would be “significant practical difficulties” with trying to reach everyone.

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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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Shine to get 2.1M documents from US pelvic mesh litigation
Class Actions 2020-11-05 2:28 pm By Cat Fredenburgh

American Medical Systems will hand over around 2.1 million documents produced in long-running US multidistrict litigation to Shine Lawyers in its class action against the Boston Scientific unit over its allegedly defective pelvic mesh products.

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Judge won’t hold separate hearing on survival of claim against late Banksia cost consultant
Class Actions 2020-11-05 1:12 pm By Christine Caulfield

A judge overseeing the misconduct trial in the Banksia Securities class action has rejected a bid by a lawyer for the deceased cost consultant in the case to separately determine whether a cause of action survives his death.

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Uber’s in-house lawyers must hand over emails in taxi driver class action
Class Actions 2020-11-04 6:13 pm By Miklos Bolza

Rideshare giant Uber Technologies has lost a bid to keep its in-house legal team from handing over emails to a class action brought by Australian taxi drivers as well as the company behind the GoCatch taxi app.

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