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Toyota can’t overturn defect ruling, but wins cut to damages in diesel filter class action
Anais d'Arville 2023-03-27 5:03 pm By Christine Caulfield

An appeals court has partially sided with Toyota in a challenge to the damages bill assessed by a judge in a class action over defective diesel filters, saying the reduction in value of affected cars should be assessed at 10 per cent, not 17.5 per cent, of the price paid by motorists.

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Court needs novel approaches for class actions or ‘system will collapse’, judge says
Class Actions 2023-03-27 2:15 pm By Cindy Cameronne Sydney

A judge overseeing a competition class action against Queensland power companies Stanwell and CS Energy has warned that judges need to be inventive in how they manage large group proceedings, otherwise the “system will collapse”.

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14 million customer records stolen in Latitude cyberattack
Financial Services 2023-03-27 2:39 pm By Cat Fredenburgh

The drivers licence numbers of close to 8 million people and more than 6 million other records were stolen in a cyberattack on Latitude Financial, which the non-bank lender originally estimated had affected around 325,000 customer records.

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Five years after class action filed, BHP denies knowledge of dam collapse risk
Alistair Pound 2023-03-27 11:14 pm By Cindy Cameronne Sydney

In a class action long delayed by a battle over foreign shareholders, BHP Group has finally filed a defence, denying it misled shareholders over a failed Brazilian dam and saying knowledge about the risk of collapse cannot be imputed to the Melbourne-headquartered energy giant.

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Judge rejects bid for second opt out notice in Merivale class action
Class Actions 2023-03-27 3:27 pm By Sam Matthews Melbourne

A judge overseeing a $129 million underpayments class action against hospitality giant Merivale has rejected a bid for a second round of opt out notices, finding that even if the first round went straight to employees’ junk or spam folders, it did not follow that they had not been read.

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Western Australia’s class action regime takes effect
Class Actions 2023-03-24 11:01 pm By Cat Fredenburgh

Western Australia’s class action regime has come into effect, after the state became the fifth in Australia to allow representative proceedings last year.

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Linchpin class action settles with directors, continues against AIG
Assembly Law 2023-03-24 10:19 pm By Cindy Cameronne Sydney

An investor class action has reached a settlement with four former directors of defunct Linchpin Capital, leaving only allegations against AIG Insurance, which is allegedly seeking to withdraw an admission that directors were insured under a D&O policy. 

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J&J knee implant class action member can claim damages despite WorkSafe payout
Class Actions 2023-03-24 5:25 pm By Cindy Cameronne Sydney

A group member in a class action against J&J unit Depuy International can receive compensation for out of pocket expenses associated with an alleged defective knee implant, despite having been paid by WorkSafe Victoria, a court has found.

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YTL Power’s case over capital gains tax on $1B sale hopeless, court finds
Energy & Natural Resources 2023-03-24 8:59 pm By Cat Fredenburgh

The tax commissioner has convinced a judge to throw out proceedings by Malaysian power company YTL Power seeking declarations that it does not owe capital gains tax from the sale of its stake in ElectraNet Pty Ltd.

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Court to hear bid to join insurers to class action against Blue Sky, EY
Arnold Bloch Leibler 2023-03-24 10:27 pm By Sam Matthews Melbourne

The insurers of Blue Sky Alternative Investments are fighting a bid to be joined to a consolidated investor class action against the company and its auditor, EY.

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