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Flex commission class action pleadings ‘inappropriate and unhelpful’, says judge
Financial Services 2024-08-30 2:03 pm By Cindy Cameronne

A judge has criticised the pleadings in class actions against ANZ, Macquarie and Westpac over flexible commission schemes for car dealers, saying they were “inappropriate and unhelpful” in referring to documents in the banking royal commission. 

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Westpac fights bid to ‘get around’ limitation defence in flex commissions class action
Class Actions 2024-08-21 11:11 pm By Sam Matthews

Banks targeted in long-running class actions over flexible commission schemes for car dealers are resisting the plaintiffs’ bid to amend their pleadings to “get around” the defence that certain claims are time-barred.

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Judge doubts power to order irrelevant docs be produced in aged care class actions
Class Actions 2023-11-13 10:57 pm By Cat Fredenburgh

A judge has upheld a ruling that rejected a bid by two class actions against Victorian aged care providers for insurance and financial information, finding the court likely does not have the power to order the production of documents that are not relevant to the proceeding.

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‘Giant of the court’ calls for judicial appointments commission
Courts 2023-09-27 11:41 pm By Christine Caulfield

A retiring judge whose career has included oversight of some of Victoria’s biggest cases has called for reforms to the judicial appointments process to address delays in filling vacancies and gaps in the due diligence of nominees to the court.

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Shane Tuck’s wife to drop concussion class action against AFL
Class Actions 2023-09-26 11:36 pm By Cat Fredenburgh

The law firm representing the wife of the late AFL player Shane Tuck in a class against the Australian Football League on behalf of players who allegedly suffered brain injuries is seeking court approval to discontinue the case for lack of litigation funding.

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Court approves ‘lower end’ settlement in public housing class action
Class Actions 2023-08-17 9:36 pm By Sam Matthews

A judge has approved a $5 million settlement in a false imprisonment class action against the state of Victoria on behalf of residents of nine public housing towers over COVID-19 lockdowns, despite noting it “falls towards the lower end of the spectrum”.

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Facing new indictment over hotel quarantine, Victoria wants class action defence kept secret
Class Actions 2023-08-10 2:36 pm By Sam Matthews

The state of Victoria is making a bid to suppress its defence in a class action brought over the 2020 hotel quarantine fiasco, as it faces a “substantially altered” indictment in a related criminal proceeding.

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Judge rejects latest pleading in plastic surgery class action
Class Actions 2023-08-10 10:31 pm By Cindy Cameronne

A judge has directed a class action on behalf of 1,000 patients of Sydney-based plastic surgeon Daniel Lanzer and four of his associates to have another go at articulating claims that Lanzer’s clinic should be liable for allegedly ‘horrific’ complications. 

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Judge strikes Banksia funder’s son from roll, OKs settlement with barrister’s wife
Class Actions 2023-07-31 11:37 am By Christine Caulfield

The son of the architect of the Banksia class action fraud has been struck from the roll of lawyers by a Supreme Court of Victoria judge, who on Monday also approved a settlement with companies linked to the disgraced senior counsel for the case.

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Arrium class action’s potential loss of contingency fee irrelevant to transfer fight, KPMG says
Class Actions 2023-07-27 5:06 pm By Christine Caulfield

The possibility that a NSW judge will revoke a contingency fee order made in a class action over Arrium’s collapse is irrelevant to whether the proceedings should be transferred from Victoria to the appropriate forum, Arrium’s auditor KPMG has told a court.

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