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No more ‘unadulterated waffle’ please: Court has gone awry with unconscionable conduct, judge says
Competition & Consumer Protection 2024-04-05 11:32 pm By Christine Caulfield

A judge who tossed a $650 million lawsuit by dealers against Mercedes-Benz has said he rejected a “value-laden” take by other judges on what amounts to unconscionable conduct, avoiding what he mockingly described as “putatively profound” propositions “dollied up in prettified prose”.

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Mercedes-Benz dealers appeal loss in $650M suit over model switch
Appeals 2024-02-01 9:03 pm By Cat Fredenburgh

Mercedes-Benz dealers have appealed a judgment that found their $650 million lawsuit against the luxury car maker over its decision to move to a fixed-price agency model tried to “rewrite the contractual bargain” they had agreed to in order to better suit their commercial interests.

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Aveo’s $11M class action settlement OK’d, but ‘avoidable costs’ yet to be doled out
Class Actions 2023-11-22 11:32 pm By Sam Matthews

A judge has given the green light to a $11 million settlement in a class action against retirement village provider Aveo, but reserved his decision about whether a contested amount of over $1 million should go to group members or the law firm that brought the case.

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Law firm replaced in Hyundai, Kia class actions after merger ‘falls apart’
Class Actions 2023-11-20 4:53 pm By Cindy Cameronne

A law firm that brought class actions against Hyundai and Kia over alleged faulty anti-lock braking systems has been replaced ahead of a contest against Maurice Blackburn to run the cases. 

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Judge urged to earmark share of $11M settlement for Aveo class action members
Settlement 2023-10-19 4:14 pm By Sam Matthews

A judge asked to approve an $11 million settlement in a class action against retirement village provider Aveo is considering a proposal by court-appointed contradictors to set aside a percentage of the sum for group members, which would leave the law firm running the case $2 million out of pocket.

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Bondholders class action faced obstacles, but proving climate risk not one of them: judge
Class Actions 2023-10-13 11:53 pm By Cat Fredenburgh

A judge who signed off on a settlement in a class action against the  government by sovereign bondholders over the disclosure of climate risks said proving climate change posed a risk to government coffers may not be as difficult as the government has claimed.

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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 firm with lowest ever GCO wins battle to run Star class action
Class Actions 2023-09-19 12:12 pm By Sam Matthews

One law firm has emerged victorious in a four-way contest to run a shareholder class action against Star Entertainment with the lowest proposed group costs order since contingency fees legislation was enacted in Victoria. 

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Judge tosses claims in $650M dealer lawsuit against Mercedes-Benz
Contracts 2023-08-30 11:30 pm By Cat Fredenburgh

A judge has thrown out claims in a $650 million lawsuit by 38 dealers against Mercedes-Benz Australia over its decision to move to a fixed-price agency model, finding the dealers’ lawsuit sought to rewrite the terms of their agreement with the car maker on more commercially favourable terms.

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