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Full Court ruling on MIS regime may not resolve funding issues in RFG class action, court hears
A case before the Full Court that will revisit the question of whether class actions are managed investment schemes may not resolve all of the funding controversies that have emerged in a class action against franchise giant Retail Food Group, a court has heard.
Mercedes-Benz to argue Takata airbags recall was invalid
Mercedes-Benz will defend ACCC proceedings alleging it exposed consumers to serious injury or death by failing to comply with obligations under a compulsory recall of potentially deadly Takata airbags by arguing the recall was invalid.
Insurer on hook for doctor’s costs in breast implant class action
An appeals court has found that Avant Insurance must indemnify a plastic surgeon for his legal bills and the claims of all relevant group members in a class action over alleged botched breast augmentations.
ACCC flags competition concerns over $1.2B Port of Geelong acquisition
The ACCC has expressed preliminary concerns that Spirit Super and Palisade Investment Partners' proposed $1.2 billion acquisition of the Port of Geelong could substantially lessen competition in Victoria for the supply of bulk cargo port services.
Securing ACCC nod for patent settlement with rivals no easy task, first draft decision shows
The competition regulator has proposed to deny authorisation for a patent settlement that sought to permit early entry of generic drugs. Whether the companies involved will be able to quell the ACCC's concerns remains to be seen, but what is clear is that future authorisation applications will contend with significant forensic challenges, writes Corrs Chambers Westgarth's Odette Gourley, Richard Flitcroft, David Fixler and Ian Reynolds.
7-Eleven class action lawyer accused of retaliation, deliberate late billing
A solicitor running two franchisee class actions against 7-Eleven “retaliated” against a group member who objected to a $98 million settlement and issued a late $6.5 million legal bill to benefit a litigation funder, a court has heard.
Star hit with shareholder class action over money laundering compliance
Star Entertainment Group has been hit with a shareholder class action for allegedly painting itself as the "cleanskin" of the gambling industry despite alleged lax compliance and links to money laundering and organised crime, amid a damning public inquiry by the gambling regulator that has led to the resignation of its CEO.
Contradictor backs $98M class action settlement given 7-Eleven’s ‘significant’ risk of losing at trial
A $98 million settlement reached in two franchisee class actions against 7-Eleven is “appropriate" given the likelihood that the convenience store giant would have lost at trial, according to a contradictor who urged the court to reject a $25 million cut sought by the funder that backed the litigation.
Airbags class action judge failed to grapple with ‘unknowable’ explosion risk, appeals court hears
The plaintiff in a class action against Volkswagen over allegedly deadly Takata airbags has told an appeals court his case was misunderstood by the trial judge, who found he failed to prove that cars fitted with the airbags were not of acceptable quality.
7-Eleven class action funder’s commission should be cut by $10M, court told
Litigation funder Galactic should receive a $15 million commission for its work on two franchisee class actions against convenience store giant 7-Eleven, instead of the $25 million it has asked for, a court has heard.