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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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Mazda gave buyers of defective vehicles the ‘run around’, ACCC says
Automotive 2019-10-31 1:53 pm By Cat Fredenburgh Melbourne

Japanese auto maker Mazda is facing regulatory action from the Australian Competition and Consumer Commission for allegedly refusing to provide purchasers of defective vehicles with a full refund or no-cost replacement, amid a continuing threat of a possible class action over alleged defects in certain vehicles.

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Court may scrap expanded class definition in Ethicon pelvic mesh case as judgment looms
Andrew Naylor 2019-10-30 10:52 pm By Miklos Bolza Sydney

An impending judgment in the long-running class action against Johnson & Johnson unit Ethicon over allegedly defective pelvic mesh implants has sent the parties scrambling about opt out notices and the Federal Court considering reversing prior orders that expanded the group definition.

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New class action alleges ‘institutional racism’ by NT government
Class Actions 2019-10-30 9:09 pm By Christine Caulfield Melbourne

The Northern Territory government has been hit with a class action alleging the Indigenous population of the remote NT community of Wadeye is subject to “institutional racism” by government authorities.

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Westpac lending class action gets makeover after ASIC loss
Class Actions 2019-10-30 4:07 pm By Christine Caulfield Melbourne

A class action accusing Westpac of issuing unsuitable home loans is pushing forward with overhauled pleadings after the corporate watchdog lost a related regulatory action, and the class now says it was enough that the bank failed to account for borrowers’ so-called essential expenses.

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‘A point of high principle’: Funder argues it shouldn’t face costs for failed Airservices class action
Adam Hochroth 2019-10-29 9:42 pm By Miklos Bolza Sydney

The litigation funder that backed a now dismissed class action against aviation service provider Airservices has argued funders should not face costs orders in Fair Work class actions, with a judge saying the debate raised “a point of high principle”.

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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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Group members left with less than half of $18M UGL class action settlement
Class Actions 2019-10-29 1:50 pm By Christine Caulfield Melbourne

UGL shareholders that signed up to a class action against the engineering company over disclosures related to its Ichthys power plant contract will get less than half of an $18 million settlement, even after the litigation funder takes a steep cut to its 30 per cent commission and the plaintiff’s firm caps its fees.

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Funder to appeal landmark ruling on security in Fair Work class actions
Adero Law 2019-10-28 4:51 pm By Miklos Bolza Sydney

A litigation funder is planning to challenge a landmark Federal Court ruling that found for the first time that funders can be ordered to pay security for costs in Fair Work class actions.

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Woolworths class action funder wants up to 35% of any recovery
Bernard Quinn 2019-10-28 12:23 pm By Christine Caulfield Melbourne

The funder backing a shareholder class action against Woolworths wants a 35 percent slice of any settlement or judgment in the $100 million case, according to its agreement with the applicants.

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