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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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Estia Health seeks to strike out ‘defective’ class action pleadings
Class Actions 2019-09-05 9:24 pm By Miklos Bolza Sydney

Aged care provider Estia Health has launched a bid to strike out the pleadings in a Phi Finney McDonald-led shareholder class action, accusing the law firm of making “speculative allegations” in the hope of strengthening its case later on.

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Full Federal Court dismisses Linfox’s $45M fuel tax challenge as ‘too weak’
Appeals 2019-09-05 2:42 pm By Amelia Birnie Sydney

The Full Federal Court has dismissed Linfox’s $45 million fuel tax credit appeal, finding the Australian logistics company’s argument was ‘too weak or uncertain’ to conclude that it was being over-taxed on major toll roads across the country.

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Iluka class action saved as new funder signs on
ACA Lawyers 2019-09-05 1:38 pm By Miklos Bolza Sydney

A shareholder class action against mineral sands producer Iluka Resources has locked in litigation funding, ending months of uncertainty about the fate of the proceedings.

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Judge joins twin actions against Forge directors and auditors
Anne Horvath 2019-09-05 12:09 pm By Amelia Birnie Sydney

A judge has consolidated two concurrent cases against the former directors and auditors of collapsed construction company Forge Group, after warning the overlapping actions needed to be carefully managed to avoid it becoming an “unrideable bull”.

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Ashley & Martin’s hair loss treatment contracts unfair, judge finds
Competition & Consumer Protection 2019-09-04 11:43 pm By Cat Fredenburgh Melbourne

Ashley & Martin signed up 25,000 customers to its hair loss program on contracts that put them on the hook for paying for treatment they didn’t receive, a judge has found.

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Landmark Uber class action should be thrown out, court told
Class Actions 2019-09-04 10:28 pm By Christine Caulfield Melbourne

A class action alleging a conspiracy between ride-share giant Uber and related entities to launch a car service to take business from taxi drivers across Australia has no prospect of success and should be struck out, a lawyer for Uber told a court Wednesday.

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$29M Radio Rentals settlement clears hurdle after ex-CEO cries prejudice
Class Actions 2019-09-04 10:13 pm By Miklos Bolza Sydney

The $29 million settlement in the Radio Rentals ‘Rent, Try, $1 Buy’ class action is back on track after concerns by former CEO James Marshall about uncertainty in the deed of settlement were resolved.

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Ex-Norton Rose partner wins six-month delay of ‘ludicrous’ trial start date
Bernice Ng 2019-09-04 9:38 pm By Amelia Birnie Sydney

Norton Rose Fulbright will have to wait another six months before a long-running dispute with a former partner will be heard, after the ex-employee successfully argued it would be “ludicrous” for the trial to proceed.

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WorleyParsons ditches bid to close down class action mid-trial
Alexander Edwards 2019-09-04 8:03 pm By Amelia Birnie Sydney

WorleyParsons has abandoned its mid-trial application to shut down a shareholder class action, amid uncertainty about whether the engineering company would be required to surrender its right to call reply evidence if it continued with its submission that it has no case to answer.

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