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

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
ASIC 2020-11-09 3:01 pm By Miklos Bolza Sydney

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
Alexia Staker 2020-11-04 6:13 pm By Miklos Bolza Sydney

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
Alexander Edwards 2020-10-27 8:48 pm By Miklos Bolza Sydney

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
Automotive 2020-09-21 1:08 pm By Miklos Bolza Sydney

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
Automotive 2020-08-27 5:56 pm By Miklos Bolza Sydney

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
Automotive 2020-08-20 3:35 pm By Miklos Bolza Sydney

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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VW rightly hit with $125M fine after ‘starving’ judge of evidence, court told
ACCC 2020-08-12 9:50 pm By Miklos Bolza Sydney

An appeals court has been urged to uphold a judge’s $125 million penalty against Volkswagen in the ACCC’s case over the car maker’s emissions cheating, with a court-appointed contradictor saying the judge was “starved” of the information he required to assess whether a $75 million agreement brokered by the consumer watchdog was reasonable.

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Law firm hit with indemnity costs for opt out error in Toyota class action
Automotive 2020-08-11 10:32 pm By Miklos Bolza Sydney

An error in an opt out notice sent to motorists eligible to sign up for a class action over allegedly defective diesel filters in Toyota vehicles has left a class action law firm on the hook for indemnity costs to cover a new notice to group members.

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Corrs ‘mistake’ doesn’t doom ‘potentially quite significant’ evidence in Ford class action
Automotive 2020-08-05 2:27 pm By Miklos Bolza Sydney

A judge has granted a mid-trial bid to bring in “potentially quite significant” new evidence in a class action against Ford over its allegedly defective PowerShift transmissions, finding the failure to file the material earlier was not deliberate but a “mistake” on the part of the lead applicant’s solicitors at Corrs Chambers Westgarth.

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