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Holden dealers reject GM’s bleak alternate reality in class action
Andrew McRobert 2023-09-13 11:03 pm By Christine Caulfield

Holden dealers in a class action over GM’s decision to retire the brand in March 2020 have taken issue with the car maker’s counterfactual in defence, which argues the plant supplying Holden’s best-selling models would have closed anyway.

IAG class action says 30% GCO can’t be compared to beauty parade rates in Star cases
Adam Hochroth 2023-08-18 2:29 pm By Sam Matthews

In its bid for a 30 per cent group costs order, the applicant in a class action against Insurance Australia Group says the percentage shouldn’t be compared to lower proposed rates — as low as 14 per cent — in a battle to run a class action against Star.

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Hyundai, Kia class actions transfer bid should precede beauty parade: courts
Automotive 2023-08-10 2:57 pm By Cindy Cameronne

Two courts have ruled that in competing class actions against Hyundai and Kia over allegedly faulty anti-lock braking systems, a plaintiff’s bid to transfer one of the cases from Victoria to the Federal Court should precede a carriage fight, deeming it the “straightforward” option. 

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Arrium class action’s potential loss of contingency fee irrelevant to transfer fight, KPMG says
Accounting 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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Uber class actions win orders barring unregistered group members from settlement
Alexia Staker 2023-07-24 5:30 pm By Christine Caulfield

Uber and the applicants in class actions against the car service will head into mediation later this year, and only group members who sign up to join the cases will get a chance to share in the proceeds of any settlement that results from the talks.

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Judge orders ‘soft’ class closure in flex commissions class actions
Catherine Hamilton-Jewell 2023-07-21 10:53 pm By Cindy Cameronne

Westpac, Macquarie and ANZ have won soft class closure orders ahead of mediation in three class actions over flexible commissions schemes after a judge found they will improve the chances of settlement.  In a judgment handed down on Thursday, Victoria Supreme Court Justice Lisa Nichols ordered that group members have to formally register in the…

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Three years in, court coming to grips with group costs orders
Analysis 2023-07-17 10:10 pm By Sam Matthews

Three years on from their debut, group costs orders — which entitle law firms to a percentage of any recovery in class actions — have raised a host of novel issues that are keeping lawyers and the court busy.

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No basis for emissions defeat claims in class action, Toyota says
Automotive 2023-07-07 4:15 pm By Gareth Baker

Toyota has denied allegations it fitted up to 500,000 diesel vehicles with engine devices designed to scam emissions tests, in a class action that could be “one of the biggest” in Australian history. 

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Judge wants more evidence for law firm’s 30% cut in IAG class action
Adam Hochroth 2023-06-30 3:40 pm By Sam Matthews

A judge overseeing a shareholder class action against Insurance Australia Group says more evidence is needed to back the applicant’s bid for an order giving lawyers 30 per cent of any recoveries.

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‘Completely at sea’: Banks push for class closure in flex commissions cases
ANZ 2023-06-02 10:33 pm By Sam Matthews

Westpac, Macquarie and ANZ are seeking class closure orders ahead of mediation in three class actions over flexible commissions schemes, telling a court hearing they will be “completely at sea” without a better idea of the class size.

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