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Judge tosses most of ACCC’s defective caravans case against Jayco
Competition & Consumer Protection 2020-11-23 7:24 pm By Christine Caulfield

A judge has dismissed the bulk of a consumer case brought by the ACCC against caravan and campervan manufacturer Jayco Corp, finding that the regulator’s action fell short of proving allegations of unconscionable conduct.

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‘An order that has never been made before’: Judge preps for contingency fee hearing
Class Actions 2020-11-19 5:02 pm By Miklos Bolza

A Victoria Supreme Court judge hearing two competing class actions against Allianz Australia over “junk” insurance has asked the parties for feedback on what she should consider at a hearing on a request for a group costs order, which would allow the plaintiff lawyers to earn a cut of any settlement or judgment, the first such request made since Victoria legalised contingency fees.

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Allianz hit with second class action over ‘junk’ car insurance
Class Actions 2020-11-12 5:54 pm By Miklos Bolza

A second class action has been filed against insurance giant Allianz seeking compensation for consumers alleged to have been ripped off by “worthless” add-on car insurance.

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Funder to seek 30% cut from $9.5M McMillan Shakespeare class action settlement
Class Actions 2020-11-10 9:46 pm By Cat Fredenburgh

The funder that backed a class action against McMillan Shakespeare over ‘illusory’ car warranties, which settled for less than 20 per cent of the $47.6 million claim value, will seek court approval for a 30 per cent cut of the $9.5 million settlement.

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McMillan Shakespeare to pay $9.5M to settle $47.6M class action
Class Actions 2020-11-09 3:01 pm By Miklos Bolza

The lead applicant in a $47.6 million class action against McMillan Shakespeare over ‘illusory’ car warranties will seek court approval for a $9.5 million settlement, less than 20 per cent of the claim value.

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Uber’s in-house lawyers must hand over emails in taxi driver class action
Class Actions 2020-11-04 6:13 pm By Miklos Bolza

Rideshare giant Uber Technologies has lost a bid to keep its in-house legal team from handing over emails to a class action brought by Australian taxi drivers as well as the company behind the GoCatch taxi app.

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‘Big fat CFO’ incentives would distort class action scheme, BMW tells court
Class Actions 2020-10-27 8:48 pm By Miklos Bolza

Luxury car maker BMW has told the NSW Court of Appeal that the courts do not have power to make common fund orders at any stage of a group proceeding, arguing that such orders would distort the scope of the class action regime by encouraging litigation funders to pursue lawsuits.

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Isuzu to file cross-claims in $18M Directed Electronics copyright case
Intellectual Property 2020-09-21 1:08 pm By Miklos Bolza

Isuzu plans to lodge cross-claims against electronics company Directed Electronics and various third parties in an $18 million lawsuit accusing the commercial vehicle manufacturer of contract and copyright breaches and aiding a former employee’s alleged theft of company information.

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Judge recuses himself from patent spat over Melbourne parking detector
Intellectual Property 2020-08-27 5:56 pm By Miklos Bolza

A  judge has stepped aside from a patent lawsuit brought by tech firm Vehicle Monitoring Systems over a parking system used by the City of Melbourne after finding there may be a “genuine perception” that he could not approach the case with an open mind.

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‘Deliberate exploitation’: On The Run fined $65k for denying worker meal and toilet breaks
Employment 2020-08-20 3:35 pm By Miklos Bolza

The employing entity for convenience store chain On The Run has been slapped with a penalty of almost $65,000 for underpaying and failing to provide a worker with meal and toilet breaks, with a judge chastising the company’s “deliberate exploitation of a low paid hard working employee”.

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