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Courts don’t have power to make class closure orders, appeals court says
Acting Justice Arthur Emmett 2020-04-22 6:30 pm By Miklos Bolza Sydney

An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.

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Facebook, Instagram to seek stay of competition case by Aussie social media startup
Competition & Consumer Protection 2020-04-15 4:26 pm By Miklos Bolza Sydney

Facebook and its subsidiary Instagram will call for a stay of a Federal Court competition lawsuit brought by an Australian social media startup as it seeks to arbitrate the matter under Californian law.

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COVID-19 could push Country Care cartel trial to next year
Alice Muhlebach 2020-04-15 1:59 pm By Alison Eveleigh Sydney

The jury trial for a criminal cartel case against mobility equipment provider Country Care and two employees is unlikely to start before next year due to restrictions on jury trials caused by the coronavirus pandemic, a judge has said.

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Coronavirus could threaten jury trial in Country Care cartel case
ACCC 2020-03-13 12:31 pm By Miklos Bolza Sydney

A Federal Court judge has acknowledged concerns raised by the accused in a criminal cartel case against mobility equipment provider Country Care and two employees about how an upcoming jury trial will proceed if the coronavirus pandemic worsens, telling the parties the court had already taken measures to control the spread of the virus.

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Courts criticised for losing sight of justice in Takata airbag class closure challenge
Acting Justice Arthur Emmett 2020-02-19 8:38 pm By Miklos Bolza Sydney

The lead applicants in seven class actions against auto manufacturers over explosive Takata airbags have criticised the courts for losing their way in ensuring justice is done, in a landmark challenge to class closure orders made in the cases.

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Takata airbags class actions confirm landmark challenge to class closure order
Allens 2019-12-17 10:50 pm By Miklos Bolza Sydney

The applicants in a group of class actions over defective Takata airbags are pushing ahead with a challenge to the power of the NSW Supreme Court to issue class closure orders in the aftermath of a High Court decision shooting down common fund orders, a fight that could send the cases back to the High Court. 

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Country Care, prosecutors to battle it out over cartel charges ahead of trial
Alice Muhlebach 2019-11-06 8:31 pm By Miklos Bolza Sydney

Mobility equipment provider Country Care Group will fight for the dismissal of three charges brought by federal prosecutors in the country’s first criminal cartel case against an Australian business.

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‘Time for commercial reality to bite’: Judge orders class closure in Takata air bags class actions
Allens 2019-11-01 3:30 pm By Cat Fredenburgh Melbourne

The judge overseeing seven class actions against some of the world’s largest car makers over defective Takata airbags has ordered that class closure take place in advance of mediation, saying it was “time…for commercial reality to bite”.

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Litigation funder throws off lawsuit seeking cut of $5M class action fee
Business of Law 2019-10-29 4:07 pm By Cat Fredenburgh Melbourne

Lawfinance, formerly known as Just Kapital, has won summary dismissal of a lawsuit initiated by its founder seeking a piece of the funder’s $5 million cut of the $16.85 million Wickham securities class action settlement.

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Judge frowns on ‘moronic approach’ to group member sign-up in Takata class actions
Allens 2019-09-05 9:59 pm By Miklos Bolza Sydney

The judge overseeing a group of class actions against car manufacturers over faulty Takata airbags has questioned a simplified group registration and opt out process proposed by the law firm leading the cases, saying it would “invite a moronic approach” to sign up.

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