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VW knew about defeat software but ACCC doesn’t need to prove it, court told
Competition & Consumer Protection 2019-01-15 9:25 pm By Miklos Bolza

The ACCC does not need to prove Volkswagen knew about the diesel emissions software at the heart of its action against the car giant — that’s just a factor that will magnify penalties in the case, the regulator has told a court.

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The cases facing the Big Four banks in 2019
Feature 2019-01-14 11:47 pm By Christine Caulfield

Australia’s four biggest lenders had an expensive year in court last year, but with cases spilling over into the new year and the fallout from the Royal Commission expected to see a litigation blitz by regulators and class action lawyers, much more is in store for the banks in 2019. Here, Lawyerly takes a look at the court cases facing ANZ Banking Group, Commonwealth Bank of Australia, National Australia Bank and Westpac Banking Corp so far this year.

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Top 10 class action settlements of 2018
Exclusive 2019-01-11 11:29 pm By Cat Fredenburgh

From a record-setting funder’s cut to the first call for ‘“proportionality”, last year saw a number of groundbreaking judgments approving class action settlements worth more than half a billion dollars. Here are the 10 biggest settlements of 2018, and the law firms and funders that negotiated them.  

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Law firms investigate class actions over Sydney’s faulty Opal Tower
Construction 2019-01-11 11:20 pm By Christine Caulfield

Two law firms have launched formal investigations into possible class actions over Sydney’s defective Opal Tower, inviting owners of units in the “crumbling” building to register their interest in joining legal proceedings.

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Class loses appeal over fatal Christmas Island boat crash
Appeals 2019-01-10 10:58 pm By Christine Caulfield

The families of asylum seekers who died in the 2010 Christmas Island boat crash have lost an appeal of a ruling that dismissed their class action against Australia.

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Toxic foam class action not time-barred, court hears
Class Actions 2019-01-10 10:36 pm By Cat Fredenburgh

The applicants in a class action over exposure to allegedly toxic foam used on a government military base have struck back at the Commonwealth of Australia’s argument that their claims were filed too late.

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Judge waives opt out notice in HIH Insurance class actions
Restructuring & Insolvency 2019-01-09 11:41 pm By Cat Fredenburgh

A judge has dispensed with the opt out notice requirement in two class actions filed in administration proceedings related to the spectacular collapse of HIH Insurance.

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Judge approved ‘unusual’ $36.5M class action deal because of Slater & Gordon’s ‘dire’ financials
Class Actions 2019-01-09 11:07 pm By Christine Caulfield

A judge who signed off on a contested $36.5 million settlement to resolve a $1 billion class action against Slater & Gordon has explained his reasons a year later, saying the “unusual” deal flowed from the law firm’s “dire financial situation”.

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Ex-Radio Rentals CEO knew about misleading contracts, class action claims
Class Actions 2019-01-09 9:19 pm By Miklos Bolza

The former CEO of Radio Rentals, James Marshall, has been dragged into a consumer class action alleging he knew the home goods rental company pushed misleading leases onto vulnerable consumers.

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Octaviar investors, class action funder dodge indemnity costs
Class Actions 2019-01-08 1:17 pm By Miklos Bolza

The investor behind a failed class action against the Public Trustee of Queensland over the collapse of Octaviar Group has escaped a bid by the Trustee for maximum costs, with a judge ruling the case was not a “nakedly speculative venture” by the funder.

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