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Payday lender Cigno faces possible predatory lending class action
Class Actions 2020-04-16 2:53 pm By Cat Fredenburgh

Cigno is facing a possible class action over alleged predatory lending practices that were banned by the Australian Securities and Investments Commission last year, one day after losing a courtroom challenge to the ban.

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New toxic foam class action launched on behalf of 40,000 landowners
Class Actions 2020-04-16 3:01 am By Christine Caulfield

Fresh off the back of a $212.5 million settlement in three class actions over the Defence Department’s use of fire-fighting foam, Shine Laywers has launched another class action over the toxic chemical on behalf of 40,000 residents across Australia.

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Shine Lawyers’ attempt at video opt-out notice not a Golden Globe winner, judge teases
Class Actions 2020-04-15 3:38 pm By Miklos Bolza

A Federal Court judge has praised an attempt by Shine Lawyer’s head of litigation to create an audio-visual opt out notice for its insurance class action against Westpac, but jokingly remarked that her performance would not win her any acting plaudits.

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Top silk to lead NSW government inquiry into Ruby Princess cruise ship
Class Actions 2020-04-15 1:33 pm By Christine Caulfield

A leading barrister has been appointed by the NSW premier to head an inquiry to investigate the docking and disembarking of the Ruby Princess cruise ship, now linked to 18 COVID-19 related deaths.

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Class can’t access insurance docs in action over ‘illusory’ car warranties
Class Actions 2020-04-14 5:23 pm By Miklos Bolza

The applicant in a $47.6 million class action against a unit of car leasing company McMillan Shakespeare has been denied access to insurance documents sought to determine the value of the case, with a judge saying access would “distort the playing field”.

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Judge shoots down request for soft closure in breast implants class action
Class Actions 2020-04-14 1:22 pm By Cat Fredenburgh

The plaintiffs in a class action against Dr Eddy Dona, the director of defunct chain the Cosmetic Institute, over allegedly botched breast implants have lost their bid for a ‘soft’ class closure order, with a judge saying the class already had sufficient information to engage in settlement negotiations.

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‘This is the reality of litigation in Australia’: Class action clashes with Ford over virtual trial
Trials 2020-04-09 9:59 pm By Christine Caulfield

Arguing that the court should not be “baulking at problems that have the potential to occur”, counsel for a class action against Ford is pushing back against a bid by the car maker to put the brakes on an upcoming virtual trial the company says will be too difficult and costly.

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Judge ‘pleasantly surprised’ by virtual trials, refuses to delay GetSwift hearing
Trials 2020-04-09 8:07 pm By Alison Eveleigh

A judge has refused to delay a civil penalty hearing brought by ASIC against GetSwift, scheduled to begin in June, after the logistics company argued that the virtual hearing necessitated by the COVID-19 pandemic would be prejudicial and the proceedings should be adjourned.

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Quintis reaches settlement in shareholder class action
Class Actions 2020-04-09 7:53 pm By Christine Caulfield

Sandalwood producer Quintis has agreed to settle two class actions by shareholders, but the claims against company founder Frank Wilson and auditor EY will proceed for now.

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Judge calls for legislative fix in wake of High Court’s common fund ruling
Class Actions 2020-04-09 1:50 pm By Christine Caulfield

Lamenting that he now has less flexibility to manage commission rates, a judge has called for legislative intervention to give courts authority to regulate funding arrangements at the outset of class actions, a power stripped from them by the High Court late last year.

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