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Latecomer class action to take first swing at Mercedes-Benz
Class Actions 2024-04-17 4:34 pm By Sam Matthews

The plaintiffs in two competing class actions against Mercedes-Benz over alleged defeat devices designed to cheat regulatory emissions tests have agreed to temporarily stay the first-filed proceeding so that one filed over a year later can go ahead, a court has heard. 

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Subpoenas to identify group members in Mercedes-Benz class action ‘improper’: judge
Class Actions 2024-03-21 4:32 pm By Sam Matthews

A judge has set aside subpoenas in a class action against Mercedes-Benz over alleged emissions cheating seeking material to identify group members and clarify the composition of the class, finding they were not issued for a legitimate forensic purpose.

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Medibank can’t halt class action-style complaint to OAIC over data breach
Privacy & Cybersecurity 2024-02-22 2:22 pm By Cindy Cameronne

A judge has dismissed a bid by Medibank to restrain the Office of Australian Information Commissioner from proceeding with a class action-style complaint on behalf of millions of the private health insurer’s customers affected by an October 2022 data breach.

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Judge approves 27.5% GCO in ‘complex’ Medibank class action
Class Actions 2024-02-06 10:23 pm By Sam Matthews

A judge has signed off on a 27.5 per cent group costs order in a consolidated shareholder class action against Medibank over a cyberattack that affected 10 million customers, noting the “significant risk” taken on by the two plaintiff law firms running the action. 

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Firm’s ‘ridiculously low’ fee budget in Westpac class action drives down funder’s cut
Class Actions 2023-12-11 11:22 am By Christine Caulfield

A judge’s decision to chop $810,000 from the funder’s cut of a settled class action against Westpac sounds a warning to class action litigators that when it comes to determining the size of a commission, case budgets matter.

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Medibank says allowing OAIC class action-style case could hurt public’s view of court
Privacy & Cybersecurity 2023-12-05 10:56 pm By Sam Matthews

Medibank has asked a judge to put the kibosh on class action-style proceedings filed with the OAIC, arguing findings inconsistent with those in a class action over its October 2022 data breach could do damage to the public’s view of the court.

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Westpac class action settlement gets OK, but funder won’t recoup all ATE insurance
Financial Services 2023-11-13 11:33 pm By Christine Caulfield

A $29.95 million settlement resolving a superannuation class action against two Westpac units has won court approval. The judge overseeing the case has also indicated he will OK the litigation funder’s commission but only some of its after-the-event insurance premium.

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Class action members reap rewards of competition, but at what cost?
Analysis 2023-09-21 11:55 pm By Sam Matthews

The judge who rewarded the law firm with the lowest ever GCO proposal with carriage of an $80 million class action this week noted the competitive forces that shaped a “very good deal for group members,” but competition has its downsides, experts say.

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Record-low GCO rate in Star class action not loss-leading pricing, judge says
Class Actions 2023-09-20 11:33 pm By Christine Caulfield

The winning, 14 per cent contingency fee proposal by Slater & Gordon in a fight to run a class action against Star Entertainment was not driven by a desire to prevail in the contest and buy market share but was the product of a “reasoned decision” that took into account the law firm’s practice as a whole, a judge has found.

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Law firms to team up in shareholder class action against Medibank
Securities 2023-09-06 11:44 pm By Sam Matthews

A judge has approved a bid to consolidate two shareholder class actions against Medibank over a cyberattack that affected 10 million customers, finding that having two firms on the record is better than a carriage contest.

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