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AMA loses in appeal over $4.8M smash repair acquisition
Appeals 2024-07-24 11:05 pm By Cindy Cameronne

Two Gosford-based smash repair businesses have won an appeal in a dispute with AMA Group over the earn out amount the ASX-list company owed under an October 2018 agreement to purchase the companies for $4.8 million.

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Court questions GM’s interpretation of settlement in Holden class action
Class Actions 2024-07-22 11:04 pm By Sam Matthews

An appeals court has questioned General Motors’ construction of its settlement with the applicant in a class action on behalf of Holden dealers, as the car maker seeks to overturn a ruling that put it on the hook for the applicant’s full costs.

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Judge rejects law firm’s updated bid in Hyundai, Kia class actions
Class Actions 2024-07-17 11:50 pm By Sam Matthews

A judge has rejected a law firm’s attempt to update its bid to run class actions against Hyundai and Kia, saying the changes were intended to net the firm a competitive advantage in an upcoming fight for carriage of the class actions and different in substance from its previous position.

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Second highest contingency fee wins OK in class action against FleetPartners
Class Actions 2024-06-26 11:04 pm By Christine Caulfield

Previously noting the rate was “well outside the median range”, a judge has made an order granting the second highest contingency fee to a law firm running a shareholder class action against vehicle company FleetPartners Group, saying he was satisfied the group costs order was appropriate and necessary.

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Car dealership Eagers backpays $16M to short-changed staff
Employment 2024-06-20 2:23 pm By Cindy Cameronne

Australia’s largest car dealership Eagers Automotive has backpaid 13,000 staff more than $16 million after the Fair Work Ombudsman found that five of its subsidiaries underpaid employees. 

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‘No more indulgence’: Firm that took over class actions can’t redo beauty parade bid
Class Actions 2024-06-06 11:09 pm By Sam Matthews

A judge will not allow a law firm that stepped in to lead class actions against Hyundai and Kia to amend its funding proposal to seek a group costs order ahead of a carriage fight, even though its proposal would have led to greater returns for group members.

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Honda’s abandonment of dealership model not unconscionable, judge finds
Competition & Consumer Protection 2024-05-29 11:17 pm By Sam Matthews

A Melbourne car dealer has largely lost a consumer law case against Honda Australia over its decision to abandon a dealership model, but is set to receive compensation for over 2,600 new vehicles it could have sold if Honda hadn’t ended its five-year contract early.

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Jaguar class action judge did not ‘become a witness’ in siding with G+T, says Full Court
Class Actions 2024-05-27 11:52 pm By Cindy Cameronne

While it was unfair for a judge to pick Gilbert + Tobin to run a class action against Jaguar Land Rover on the condition that it lower its funding rate, the judge was entitled to consider the law firm’s experience in a similar case against Toyota, an appeals court has said in its reasons. 

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Toyota class action loses bid for emissions cheat source code
Class Actions 2024-05-24 10:59 pm By Cindy Cameronne

A class action against Toyota alleging it installed diesel defeat devices in several models of its vehicles has lost a bid to access source code for the cars’ emissions control systems, with a judge finding it was not relevant to any current fact in issue. 

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Decision awarding Jaguar class action to Gilbert + Tobin shot down on appeal
Appeals 2024-05-17 11:09 pm By Cindy Cameronne

A decision awarding carriage to Gilbert + Tobin in a class action against Jaguar Land Rover on the condition that it lower its funding rate lacked procedural fairness, the Full Court has found, prompting the firm to team up with its competitor to run the case. 

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