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In win for class, judge says promises in McMillan Shakespeare unit’s warranties were illusory
Class Actions 2019-06-11 11:13 pm By Cat Fredenburgh

Promises to pay out claims under vehicle warranties issued by a unit of car leasing giant McMillan Shakespeare were illusory because of a clause that gave the company “manifestly sweeping” discretion to reject any claim, a judge has ruled, in a victory for a class action over the allegedly worthless financial products.

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Settlement reached in recycling plant fire class action
Class Actions 2019-06-11 10:42 pm By Cat Fredenburgh

A settlement has been reached in a class action brought on behalf of individuals and businesses that allegedly suffered loss or injury from a 2017 fire at the Coolaroo recycling plant in Victoria.

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Shareholder class action against Sirtex settles mid-trial
Trials 2019-06-06 10:47 pm By Christine Caulfield

Sirtex Medical has reached a mid-trial agreement to resolve a shareholder class action that centred on the biotech company’s sales forecasts of its radiation treatment.

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Quintis to hand over insurance docs in class actions
Competition & Consumer Protection 2019-06-06 10:23 pm By Cat Fredenburgh

Failed sandalwood oil producer Quintis has agreed to hand over insurance policies showing any coverage for potential liability it or its former CEO may have in two class actions brought against them.

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Ex-CEO accuses Radio Rentals of withholding documents crucial to class action defence
Class Actions 2019-06-06 6:13 pm By Amelia Birnie

The former CEO of Radio Rentals, who has been dragged into a class action against the company, claims he can’t properly defend himself because his former employer has asserted privilege over legal advice the company received regarding its ‘Rent, Try, $1 Buy’, which he says is crucial to his case.

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7-Eleven class actions launch second bid to limit communications with franchisees
Franchises 2019-06-05 3:56 pm By Miklos Bolza

After a first failed attempt, two class actions against 7-Eleven are trying again to restrict communications between the convenience store giant and franchisees ahead of a settlement approval hearing with ANZ, the bank that loaned money to store owners.

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Class action might not yield ‘true value’ of RoundUp claims, plaintiff lawyer warns
Product Liability 2019-06-05 3:22 pm By Amelia Birnie

The law firm running the first Australian cancer case against RoundUp weedkiller producer Monsanto has questioned whether victims would get the “true value” of their claims if a class action was launched.

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Horse vaccine class action gets chance to add sample group member to bring ‘valid’ consumer claim
Class Actions 2019-06-04 9:19 pm By Amelia Birnie

Noting the relevant three-year limitations provision was “quite unusal”, the judge overseeing a consumer class action against horse vaccine manufacturer Zoetis has given the class a chance to add a second applicant to the case, after it was revealed that part of the lead applicant’s claim was out of time. 

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Treasury Wine wins costs from solicitor’s company over stayed class action
Class Actions 2019-06-04 7:50 pm By Miklos Bolza

The Federal Court has granted Treasury Wine Estates costs of a stayed class action filed against it by a firm owned by solicitor Mark Elliott, despite a settlement in a related class action barring TWE from seeking remedies from class members.

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Judge denies costs to objector in Willmott Forest MIS class actions
Class Actions 2019-06-03 4:11 pm By Cat Fredenburgh

An investor who successfully objected to an initial settlement of four class actions over the failed Willmott Forests managed investment scheme lost a bid to have his legal costs paid by the defendants, with a judge saying the objections were not the primary basis for his refusal to sign off on the agreement.

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