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No basis for emissions defeat claims in class action, Toyota says
Class Actions 2023-07-07 4:15 pm By Gareth Baker

Toyota has denied allegations it fitted up to 500,000 diesel vehicles with engine devices designed to scam emissions tests, in a class action that could be “one of the biggest” in Australian history. 

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Monster Energy loses challenge to A&E Television’s trade mark
Intellectual Property 2023-07-07 5:42 pm By Gareth Baker

Monster Energy has lost a trade mark tiff with American broadcaster A&E Television, with IP Australia giving the media company the all-clear to register a mark for its ‘Monster Motor Challenge’ TV series. 

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Silk Sue Chrysanthou to be reprimanded for unsatisfactory professional conduct
Legal Ethics 2023-07-06 5:05 pm By Sam Matthews

The NSW Bar Council has resolved to reprimand leading defamation barrister Sue Chrysanthou SC over her decision to accept a brief from former Attorney-General Christian Porter despite receiving confidential information from a friend of his accuser.

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Hotel detention legal, but lacked ‘care and humanity’, judge says
Human Rights 2023-07-06 10:27 pm By Gareth Baker

A federal court judge has slammed Australia’s use of makeshift hotel detention centres as lacking “ordinary human decency”, but ruled they are not illegal in the case of a Kurdish refugee who was held for 14 months in two Melbourne hotels. 

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Hyundai, Kia point finger at parts maker in defects class action
Class Actions 2023-07-06 10:29 pm By Cindy Cameronne

Korean car makers Hyundai and Kia have filed their defences in class actions over alleged engine defects, arguing owners cannot bring claims if their vehicles were repaired and that they are not responsible for any faults said to be caused by their manufacturing partner.

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Holden car dealer wins bid for docs on GM’s exit strategy
Automotive 2023-07-06 12:01 pm By Gareth Baker

A former Holden dealer has won the right to see General Motors corporate strategy documents in the five years leading up to Holden’s retirement, in his suit claiming the carmaker’s executives misled him when saying GM was “100% committed” to the line before axing it just a few years later. 

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AMP financial advisers win class action over BOLR policy changes
Financial Services 2023-07-05 11:08 am By Cindy Cameronne

The lead applicant in a class action against AMP Financial Planning on behalf of 542 advisers has won $813,000 in damages after a judge found it could not retreat from a promise to buy back adviser businesses at four times their revenue. 

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‘More is more’ approach to pleadings an increasing problem, lawyers say
Analysis 2023-07-05 11:28 pm By Cindy Cameronne

A Federal Court judge who recently ordered new pleadings in a copyright case against CoreLogic is the latest judge fed up with plaintiffs pleading innumerable alternatives that waste court resources, add to the length of trials and extend the wait time for judgments.

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Covidien, TFS pelvic mesh class action settles with remaining defendants
Product Liability 2023-07-05 3:59 pm By Christine Caulfield

A class action over pelvic mesh products supplied by device makers Covidien and TFS has reached a global resolution with the manufacturers and their insurers which brings the recovery total in settled mesh class action close to $450 million.

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HSF, Seven can’t set aside Nine’s subpoenas in Ben Roberts-Smith case
Defamation 2023-07-05 11:42 pm By Sam Matthews

Seven and law firm Herbert Smith Freehills have lost a bid to set aside subpoenas issued by Fairfax, as the publisher seeks third party costs orders against Seven for funding disgraced soldier Ben Roberts-Smith’s unsuccessful defamation case.

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