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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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GetSwift shareholder info should be off limits for class action bookbuilding, judge told
Class Actions 2019-12-17 8:13 pm By Christine Caulfield Sydney

Contact details of shareholders provided by GetSwift to the firm running a class action should not be used to recruit group members now that the common fund order in the case has been quashed, the logistics company has told a court.

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Appco ‘running out of money’, class action judge hears as fight over insurance docs looms
Adero Law 2019-12-17 6:05 pm By Christine Caulfield Sydney

Fundraising company Appco has told a judge overseeing a $90 million sham contracting class action it is “running out of money” and wants to mediate the dispute as soon as possible.

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‘Only I get to use Latin’: Unconscionable conduct claim is in, ‘inter alia’ is out in Suncorp class action
Arnold Bloch Leibler 2019-12-16 9:27 pm By Miklos Bolza Sydney

The judge overseeing a conflicted remuneration class action against Suncorp has allowed the class to bring an unconscionable conduct claim, but put the kibosh on the plaintiff’s use of the phrase ‘inter alia,’ saying “only I get to use Latin”.

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De-classing threat revived as 3A Composites slams ‘simply shambolic’ combustible cladding action
Amelia Smith 2019-12-16 9:25 pm By Miklos Bolza Sydney

German cladding manufacturer 3A Composites has again threatened to call for the de-classing of a class action brought over allegedly combustible cladding, slamming the case against it as “simply shambolic” and the conduct of the applicant as “utterly irresponsible”.

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‘Haircut’ by law firm, funder in Forge class action settlement appropriate, judge says
Class Actions 2019-12-16 6:13 pm By Christine Caulfield Sydney

A self-imposed cap on legal fees and a reduced funding cut of a $16.5 million settlement in a class action against failed construction company Forge Group was the right call by the law firm and the funder behind the case, a judge has said in his reasons for approving the deal.

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Queensland won’t appeal loss in floods class action
Class Actions 2019-12-13 12:29 pm By Cat Fredenburgh Melbourne

The State of Queensland will not appeal a ruling that found it, as well as the operators of two Queensland dams, were negligent in the 2011 floods in the Southeast region of the state that left over 2,000 homes destroyed.

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Judge won’t stop 7-Eleven from seeking class action releases from franchisees
7-Eleven 2019-12-12 1:31 pm By Christine Caulfield Melbourne

A judge has shot down a bid by class action applicants to block 7-Eleven from seeking litigation releases from franchisees on contract renewal, saying there was no evidence the convenience store giant had acted unlawfully.

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Lehman liquidator files $40M lawsuit against Fitch following class action discovery
Class Actions 2019-12-12 1:12 pm By Cat Fredenburgh Melbourne

The Australian liquidator of Lehman Brothers has filed a lawsuit seeking $40 million from Fitch Ratings for assigning too-rosy ratings to toxic financial products sold by the bank, following the discovery of a hidden table in Fitch’s rating model by the lawyers leading a now-settled class action against the accounting firm.

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VW class action judge frowns on bid for common fund order
ACCC 2019-12-11 11:20 pm By Miklos Bolza Sydney

The judge overseeing the settlement approval process in multiple class actions against Volkswagen over the diesel emissions scandal has criticised an application for a common fund order by the funder backing two Bannister Law-led lawsuits.

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