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Court can’t use general power under class action regime to dispense with opt out notice, judge says
Class Actions 2022-11-25 10:26 pm By Sam Matthews Melbourne

A judge overseeing the Montara oil spill class action has found the Federal Court’s broad discretion under the class action regime is “outflanked” by the need to give group members a chance to opt out. But resolving that question on Thursday — which has divided the courts — caused a further wrinkle ahead of a hearing to weigh a settlement in the case.

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Sports betting class action may drop remaining claims against lawyer
Class Actions 2022-11-25 5:49 pm By Cindy Cameronne Sydney

The lead applicant in a class action on behalf of investors who sank $12.3 million into an allegedly fraudulent sports betting scheme run by convicted conman Peter Foster may drop the case after a partner in the scheme filed for bankruptcy.

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Jaguar Land Rover faces class action over allegedly defective diesel filters
Automotive 2022-11-24 11:39 pm By Sam Matthews Melbourne

Car manufacturer Jaguar Land Rover has been hit with a class action alleging it misled drivers over vehicles fitted with defective diesel particulate filters.

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Judge asks if tiered contingency fee ‘meaningless’ in Crown class action
Allens 2022-11-24 11:35 pm By Cindy Cameronne Sydney

A judge has questioned a tiered contingency fee arrangement in a proposed group costs order by the law firm running a shareholder class action against Crown, asking whether the lower-end percentages were “meaningless”.

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Court tosses Equivac horse vaccine class action against Zoetis
Christopher Barry 2022-11-23 12:23 pm By Sam Matthews Melbourne

A judge has dismissed a class action brought against animal health giant Zoetis over alleged side effects resulting from its Hendra virus horse vaccine, finding there were “too many uncertainties” in the applicant’s evidence.

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Law firms ordered to join forces in Blue Sky, EY class action
Banton Group 2022-11-23 10:29 pm By Cindy Cameronne Sydney

A judge has ordered two law firms that filed competing shareholder class actions against failed Blue Sky Alternative Investments and auditor EY to team up to run a consolidated proceeding, despite opposition by one firm.

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Judge doubts law firm gave ‘full and frank advice’ on fees in Drake’s class action
Adero Law 2022-11-23 11:08 pm By Sam Matthews Melbourne

Keeping up her scrutiny of fee disclosures by Adero Law in employment class actions launched in her court, a judge has questioned whether the law firm breached its fiduciary duty to the lead applicant in litigation against Drakes Supermarkets.

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Class action targets Mercedes-Benz over diesel emissions cheating
Automotive 2022-11-22 8:58 am By Christine Caulfield

Mercedes-Benz is the latest car maker to face a class action in Australia over alleged defeat devices designed to manipulate the results of regulatory diesel emissions testing.

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Class action woes mount for Toyota unit Hino over emissions cheating
Automotive 2022-11-22 9:29 am By Christine Caulfield

Already facing one Australian class action for cheating on diesel emissions tests, Toyota unit Hino is the subject of a fresh class action probe announced Tuesday.

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Westpac opposes ‘premature’ notice of $126M class action settlement
Allens 2022-11-22 2:19 pm By Sam Matthews Melbourne

Westpac has objected to several proposed notices going out to group members in a class action over ‘junk’ consumer credit insurance, which three of the Big Four banks have agreed to pay $126 million to settle.

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