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High Court grants special leave in Toyota class action
High Court 2023-11-17 10:05 pm By Cat Fredenburgh

The High Court has agreed to weigh in on how damages for reduction in value should be calculated under the Australian Consumer Law, granted competing special leave applications in a class action against Toyota over defective diesel filters.

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Gilbert + Tobin seals the deal to lead Jaguar class action
Class Actions 2023-11-15 10:43 pm By Cat Fredenburgh

Gilbert + Tobin and the funder backing a class action against Jaguar Land Rover over allegedly defective diesel filters have given an undertaking that they won’t seek more than 25 per cent of any settlement or judgment, sealing the deal to run the case after triumphing in a carriage contest.

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Ford scores partial win in class action appeal over defective PowerShift transmissions
Class Actions 2023-11-14 1:41 pm By Cat Fredenburgh

US car giant Ford has partially succeeded in its challenge to a judgment that found it owed more than $6,800 to the lead applicant in a class action over defective PowerShift transmissions, but the High Court may ultimately decide how damages should be calculated under the Australian Consumer Law for reduction in value.

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Judge doubts power to order irrelevant docs be produced in aged care class actions
Class Actions 2023-11-13 10:57 pm By Cat Fredenburgh

A judge has upheld a ruling that rejected a bid by two class actions against Victorian aged care providers for insurance and financial information, finding the court likely does not have the power to order the production of documents that are not relevant to the proceeding.

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Combustible cladding class action wins ‘fresh start’ with new mediator
Class Actions 2023-11-13 1:43 pm By Cat Fredenburgh

A judge has granted a bid for a new mediator in a class action over allegedly combustible cladding, agreeing with the applicant that a “fresh start” may be beneficial.

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AMP accused of unconscionable conduct by financial advisor
Financial Services 2023-11-13 11:55 pm By Cat Fredenburgh

AMP has been taken to court by a former licenced financial advisor who alleges he was terminated without proper and sufficient cause and forced to sell his business for $6.1 million under the wealth manager’s buyer of last resort program.

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Viterra’s decade-long fight with Cargill ends at door of High Court
Competition & Consumer Protection 2023-11-09 11:55 pm By Christine Caulfield

Glencore-owned Viterra has failed in its bid for High Court leave to challenge a ruling in a 10-year battle with Cargill over the 2013 sale of malt producer Joe White, leaving the grain producer to fork over damages of almost $300 million.

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ACCC calls out Qantas for ‘failure’ to respond to key claims in landmark case
Competition & Consumer Protection 2023-11-08 1:58 pm By Sam Matthews

The ACCC has raised concerns over Qantas’ alleged failure to respond to claims in a blockbuster case against the airline over the sale of tickets on cancelled flights.

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FleetPartners hit with shareholder class action
Class Actions 2023-11-08 2:48 pm By Cat Fredenburgh

Fleet management company FleetPartners has been stung with a shareholder class action over a revised 2019 earnings guidance that doomed its planned merger with McMillan Shakespeare.

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United class action wins fight against ‘stultifying’ security bid
Franchises 2023-11-03 11:43 pm By Sam Matthews

A franchisee class action against United Petroleum over the installation of allegedly loss-making Pie Face stores at its franchise sites has succeeded in fending off the petrol company’s bid for security, with a judge agreeing it would have a chilling effect on the unfunded case.

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