class-action – Michmutters
Categories
Business

Class action law firm investigates Hino over 860k vehicles sold with tampered data

An Australian class action law firm is taking on a subsidiary of Toyota over concerns that the carmaker faked data so that it could receive tax breaks from the government.

Bannister Law announced on Monday that it is investigating Hino Motor Sales Australia, which manufactures trucks and buses sold around the globe and is an affiliate of Toyota.

Hino has sold an estimated 860,000 vehicles with the promise of having low exhaust emissions and good fuel economy when the data had actually been faked.

Bannister Law said it was trying to see if Hino had breached the Road Vehicle Standards Act 2018 and the Motor Vehicle Standards Act 1989 and is considering launching a class action.

It comes just a few days after revelations from earlier this month that Hino Motors had falsified emissions data on some engines going back almost 20 years.

The truck-maker said an engine data falsification scandal had started as far back as 2004 and not in 2016 as previously admitted.

Globally, it’s understood there are 26 different engine types impacted by the tampered data, and 860,000 vehicles have been caught up in the scandal altogether. At least 39,000 Hino vehicles have been sold in Australia from 2012 to 2021, but it is unclear if all or just some of them were falsely represented to customers.

Hino had to recall 47,000 vehicles made between April 2017 and March this year over the data scandal. An additional 20,900 will be recalled in the near future.

Bannister Law is calling for all Australians who owned or leased a Hino vehicle at any point between 2004 and 2021 to register in an online form.

It is so far unclear which truck models were impacted by the scandal.

Just three days ago, to US law firm, Lieff Cabraser, started a class action against Hino over the same concerns.

“Lieff Cabraser is investigating reports that Hino Motors and majority Hino owner Toyota Motor Corporation (the Japanese parent of Toyota North America) have publicly admitted to intentionally cheating on their bus and truck vehicles’ emissions,” the legal company stated.

The case has been brought to the Southern District of Florida and the firm confirmed it was seeking more than $5 million in damages.

In March this year, Hino announced it had discovered widespread tampering evidence dating back to September 2016 and engaged an independent committee to investigate.

But in early August, that committee came back with a damning report that found the malpractice stretched back as far as 2004.

Investigators stated in their findings: “Hino cannot escape the determination that it made a false report.”

It was also discovered that a tax reprieve was a key motivator behind the malpractice.

Hino “aimed to achieve the fuel consumption standards in order to be eligible for tax preferential treatment but failed to achieve its goal, and thus, it engaged in misconduct by intentionally adjusting the calibration values ​​of the fuel flowmeter in order to meet the specification values ​​required. for application,” the report also stated.

Data was also falsified by measuring “the idling fuel flow quantity before the fuel flow quantity was stabilized and engaged in misconduct by intentionally selecting advantageous fuel consumption data”.

The findings, led by committee chairman Kazuo Sakakibara, claimed employees were not offered “psychological safety” and were “unable to change” due to the company’s past successes.

Representatives at Hino said the scandal was brought on by an “environment where engineers did not feel able to challenge superiors”.

Hino’s president Satoshi Ogiso apologized to reporters after the report’s bombshell findings, claiming the company’s management took its responsibilities and public image seriously.

Mr Ogiso said he received a message from Toyota president Akio Toyoda, who reeled at the scandal, accusing Hino of betraying the trust of company stakeholders.

In a statement, Hino said it “deeply apologizes for any inconvenience caused to its customers, shareholders, investors and other stakeholders”.

“Hino is currently investigating the impact of these matters on its earnings and will disclose any updates as appropriate in a timely manner,” it added.

News.com.au has contacted Hino for comment.

Bannister Law won the recent class action against Toyota for DPF issues and also won cases against Volkswagen and Audi. It is currently conducting a class action against Mitsubishi.

.

Categories
Business

F45 founder sells home amid class action investigations after stock market plunge

A struggling Australian fitness franchise that has been savaged on the stock markets is now facing not one, but five potential lawsuits.

F45 Training Holdings Inc, known for its high intensity interval training (HIIT) classes, was at first an Australian success story after hitting the New York Stock Exchange in July last year and raking in $500 million on the first day.

But two weeks ago things drastically changed; the company’s founder and CEO Adam Gilchrist stepped down while 110 employees were laid off and expansion plans were slashed significantly.

Stock prices plunged off the back of the news and dipped to 62 per cent of its original price at its lowest, when it sank to $US1.35 ($A1.90) on July 27.

At time of writing, according to MarketWatch, F45 stock was trading at $US2.15 ($A3) compared to its listing price of $US16 ($A22.50) just a year earlier.

Now five heavyweight class action law firms from the US are calling for investors to come forward to explore the possibility of filing a class action.

The firms are investigating whether F45 misrepresented itself to investors and the most recent legal firm only announced it was investigating the company on Friday.

In July last year at its initial public offering, F45 sold 18.75 million shares of stock priced at $US16.00 per share.

It had a stunning $US1.46 billion ($A2 billion) market capitalization however that has since slipped to $US183.6 million ($A258.60).

In May, F45 thought it had secured a $US250 million ($A350 million) line of credit to keep rapidly expanding but by the next investor’s meeting in July, this had failed through.

But during the July trading update, investors learned that credit line would not be available.

After planning to roll out 1500 new franchises this year F45 will instead aim for between 350 and 450 and its forecasted revenue has dropped from $US275 million ($A387 million) to $US130 million ($A182 million).

F45 fitness founder and CEO Adam Gilchrist – not to be confused with the cricket player of the same name – reportedly immediately listed his house on the market after the downfall.

Coincidentally, the same weekend that another law firm announced it was investigating the possibility of a class action, Mr Gilchrist successfully sold his $A14 million Sydney home.

Mr Gilchrist and Rob Deutsch founded the company in 2013 in the Sydney suburb of Paddington but Mr Deutsch left in February 2020 and said he was devastated to hear what had happened since then.

“Never in my wildest dreams could I have imagined this,” Mr Deutsch wrote on Instagram after the shock news of the lay-offs. “When I exited, and sold out of F45, I left a healthy, phenomenal, beast of a business. All the way from the company culture to the heart beat of the business… The workouts. F45 was special.

“I genuinely hope all of the 110 laid-off staff, find happiness and opportunities elsewhere.”

News.com.au has contacted F45 for comment.

On Friday, US law firm Labaton Sucharow called for investors to get in touch, the latest in a string of legal firms circling F45 like sharks.

Prior to that, Schall Law Firm, a US shareholder rights litigation firm, announced last Tuesday that it was investigating F45 “for violations of the securities laws”.

Then there was Bragar Eagle & Squire, PC, another shareholder rights specialist, which started its own investigation a day later.

Bragar Eagel & Squire stated the company’s revenue was “down significantly” compared to what was previously promised to investors.

James Wilson of Faruqi & Faruqi also called for investors who have “suffered losses exceeding $US50,000 ($A70,450) investing in F45 Training stock or options”.

Portnoy Law Firm also weighed in, saying it was investigating “possible securities fraud” and that it would provide a “complimentary case evaluation and discuss investors’ options for pursuing claims to recover their losses”.

Embattled CEO sells home

Mr Gilchrist reportedly listed his Sydney mansion, located in Freshwater in the city’s northern beaches region, on the market following his company’s stock crash.

Over the weekend, it’s understood to be have been sold.

The Sydney Morning Herald reported that strict gag orders prevented the real estate agents from disclosing its final price.

However, they did confirm it sold for more than he bought it for in 2019, which was $14 million.

Realestate.com.au reported that it sold more than $1 million over the reserve.

.

Categories
Australia

Former Ashley Youth Detention Center detainees lodge class action over alleged abuse

More than 100 former detainees of Tasmania’s Ashley Youth Detention Center have lodged a class action in Tasmania’s Supreme Court, alleging they were whipped, kicked, bullied, encouraged to join gangs, sexually abused and stripped naked.

Warning: This story contains details some readers may find distressing.

The court documents include numerous allegations made by four plaintiffs, with the action launched on behalf of another 101 former detainees.

Out of the 101, the earliest claimant alleges abuse dating back to 1961, while the most recent is from 2019.

“That’s a span of just under 60 years,” lawyer for the plaintiffs Angela Sdrinis said.

“On one level it was surprising and appalling. On another level we know children in care, not just in Tasmania but in Australia and around the world, have been victims of abuse.”

The court documents detail the claims of the four men, dating back to the early 1990s.

They allege the former detainees were physically or sexually assaulted by staff or other detainees at the Ashley Youth Detention Center (AYDC) and their complaints about the incidents were dismissed.

The plaintiffs say that as far as they were aware, complaints were not recorded and no action was taken.

In particular, it is claimed that staff would enter detainees’ cells to commit physical and sexual assaults or deliberately leave doors unlocked, knowing that detainees would enter the rooms, sometimes as gangs, “to commit violent physical and sexual assaults on each other.”

One man, known as JC, alleged that he found the body of another inmate the morning after the inmate was beaten by staff. A coronial inquiry found the assault had taken place two weeks earlier and cleared the staff.

Another plaintiff, known as CA, alleged that after he fought off a sexual attack by a staff member, he was assaulted by other staff members, knocked unconscious, and locked in an isolation cell naked for five days with only a blanket.

He also said that on numerous occasions he was exposed to the sounds of other detainees being sexually assaulted in their cells by staff at night.

The third plaintiff, RI, claimed that after he refused to perform oral sex on a staff member, he was “punched and knocked out by other staff” and had to go to Launceston General Hospital.

All four men allege they now have post-traumatic stress disorder due to their time there, with some experiencing frequent flashbacks, nightmares and suicide attempts.

The buildings of the Ashley Youth Detention Center sit behind a tall fence.
The center is about to be the subject of the Commission of Inquiry into Institutional Responses to Child Sexual Abuse.(ABC News: Luke Bowden)

AYDC ‘didn’t vet staff properly’

The claim also takes aim at staff hiring, training and supervision at the detention center.

It is alleged that not only did some of the staff have sexual or physical allegations against them, but there were also members of outlaw motorcycle gangs such as the Rebels and Outlaws working at the centre.

One plaintiff claimed that on numerous occasions he saw staff members encouraging details to contact gang members when they were released.

It is alleged that AYDC did not vet staff properly and had no — or at least not adequate — systems for de-escalating confrontations with detainees or supervising staff to ensure they were not verbally, physically or sexually abusive.

Instead, it claimed staff used inappropriate force, punished detainees who tried to make complaints against other staff, assaulted them and exposed them to other detainees who were known or alleged to have engaged in physical or sexual violence against previous detainees.

In one example, JC alleged that after he misbehaved, he was removed by four guards who proceeded to abuse him.

“[They] grabbed him by the neck, threw him to the ground, kicked him in the ribs, and dragged him across the yard to his cell, where he was thrown onto a wooden bed and held down with pressure to his neck until he lost consciousness,” the document says.

“When JC regained consciousness three hours later, he was naked and handcuffed. JC was not provided with medical attention.”

‘Don’t forget, children as young as 10 were sent to Ashley’

Plaintiffs also described instances of being shoved, throttled, punched, whipped, stripped naked, almost drowned, abused to the point where they needed to be hospitalized, and denied medical attention after suicide attempts.

The claims also detail degrading strip searches with guards who would harass and laugh at details.

“A common occurrence when children were admitted to Ashley was that they would be strip searched,” Ms Sdrinis said.

A woman with silver hair crosses her arms.
Ms Sdrinis said the evidence that would come out of the public hearing into the detention center would be “confronting”.(ABC News: Maren Preuss)

“They’d have the scabies cream applied to them whether or not they had scabies… we’ve been told it burnt the skin, including in the genital area.

“Don’t forget, children as young as 10 were sent to Ashley.”

But these allegations are not revelations.

The issues with the detention center are well known and just last year the state government announced it would close it down.

It is also about to be the subject of the Commission of Inquiry into Institutional Responses to Child Sexual Abuse, with hearings set to start late next week.

“I believe the evidence that will come out of the public hearing into Ashley will be very confronting as well,” Ms Sdrinis said.

A spokesperson for the state government said they were unable to comment as “legal action has been flagged.”

“The Commission of Inquiry will be examining the AYDC in the upcoming hearings and as we have shown, we will not hesitate to act where required to ensure our children and young people are safe,” they said.

.

Categories
Business

Thousands of businesses impacted by Tyro EFTPOS outage urged to register to class action

Christine Hera-Singh found it difficult to keep her bakery along the Great Ocean Road afloat during Covid-19 lockdowns and border closures.

The mum-of-one had pinned her hopes on the Christmas rush in late 2020 and early 2021 and for a while, her South Australian-based business, Meningie Bakery, was flourishing.

But then in January last year, the bakery’s credit card terminals stopped working for two weeks straight.

“It hit dead around the Christmas break, we had customers walking out, they didn’t have cash, it was an absolute nightmare,” Ms Hera-Singh told news.com.au.

It turned out the company that she rented her EFTPOS machines from, Tyro, had experienced a national outage that lasted for a fortnight.

Overall, Ms Hera-Singh estimates she lost $60,000 from the two week outage.

Across the country, at least 11,000 companies were impacted — the majority of them small businesses like hers.

Now, 18 months since the malfunction, outraged merchants have fought back by launching a class action against Tyro.

According to a notice from the Federal Court, affected business owners now have three months to register their case if they hope to receive compensation in the event they win the lawsuit. The registrations opened last week at www.tyroclassaction.com.au and close on October 30.

Ms Hera-Singh said: “We were losing heaps of customers. We were left in this huge dilemma.

“I’m a small business owner, it’s hard.”

The baker explained how the Covid-19 outbreak meant that society had gone largely cashless, making it even harder to survive during those two weeks.

By way of compensation, she said Tyro waived the rent on her machines for a month — which wasn’t nearly enough.

Her terminals stopped working on January 7 and only came back online by January 21, a whole 14 days later.

Across Australia, outages were first reported from January 5 due to a glitch in the coding and it took until late that month for all machines to operate normally again.

In a statement to news.com.au, Tyro did not acknowledge the class action law suit but said it had introduced a compensation program to make up for the financial losses.

“Following the terminal connectivity incident experienced in January 2021, Tyro has conducted a remediation program whereby all impacted merchants have been contacted directly by Tyro and given the opportunity to claim any financial losses caused by the connectivity incident,” a spokesperson said.

Bannister Law started the class action in October last year and Court House Capital is funding the case.

According to Bannister Law, most affected businesses lost between $5,00 to $40,000 from the outage, but there were several outliers like Ms Hera-Singh’s bakery. Some businesses that had multiple machines lost as much as $100,000.

Charles Bannister, Principal at Bannister Law, told news.com.au should businesses fail to register in the next three months, they wouldn’t be entitled to any compensation if his firm won the court case.

“The outage occurred during a crucial period, being a time when everyone had come out of lockdowns and there was a general reluctance to accept cash,” he told news.com.au.

“That merchants were unable to use their EFTPOS machines for days or weeks was, for many merchants, catastrophic.

“There are approximately 11,000 businesses affected by this outage. If they do not register, they will not be entitled to receive a share of the proceeds of any funds received should the proceedings settle, subject to Court approval.”

Last week, a whopping 11,000 letters were sent out to the impacted business owners inviting them to register.

Another impacted business was Highett RSL, in Melbourne’s southeast, which estimated it lost around $10,000.

Gavin Williams, the pub’s general manager, said the timing couldn’t have been worse as Melbourne had just come out of their four month lockdown in the winter of 2020 and they needed to recoup their losses.

“There were obviously lockdowns and all that in Melbourne that was going on,” he told news.com.au.

“People wanted to use credit cards and EFTPOS cards, [but by then] all our signage was to use your cards.”

Before Covid he estimates that half of his customers used cash while the other half used cards but the pandemic changed that. Around 70 per cent of customers now use cards, making it harder for people to buy drinks when credit card machines were down.

I paid $49 per month for an EFTPOS terminal and this fee was waived for the month of January.

To date, that is the only compensation the business has received, he said.

.

Categories
Sports

Caroline Wilson slams AFL, Mark Ricciuto over Eddie Betts camp revelations

The AFL has been shamed for its lackluster response to Eddie Betts’ damning revelations about the infamous Adelaide Crows 2018 pre-season training camp, which has been branded a “miserable failure”.

Betts thrust the controversial camp — which followed Adelaide’s 2017 grand final loss to Richmond — back into the spotlight on Tuesday night, detailing behind-the-scenes information on it in his upcoming autobiography The Boy from Boomerang Crescent.

The three-time All-Australian alleged confidential information shared in counseling sessions had been misused, writing that the camp misappropriated sensitive Aboriginal cultural rituals.

Watch every blockbuster AFL match this weekend Live & Ad-Break Free In-Play on Kayo. New to Kayo? Start your free trial now >

Following the ordeal, Betts said he approached the Crows and voiced his concerns with the camp, only to be dropped from the leadership group three weeks later.

Six players requested a trade out of Adelaide between 2018 and 2020, while an additional four free agents left the club following the camp.

Speaking to Fox Footy’s AFL 360 on Wednesday, Betts claimed those running the camp told them not to say “anything to anybody”.

“We weren’t even allowed to tell teammates. To this day, our teammates still don’t even know what we did in our group … that’s how we feel very divided and the club kind of broke down from that point,” he explained.

“I could see that we were all hurting and we tried to make change at that point. But it felt like you couldn’t speak up and it felt like you couldn’t tell all.”

Initial investigations into the damning camp received the all-clear from the AFL’s integrity unit and SafeWork SA.

The AFL Players Association will now open a fresh investigation into the camp, set to contact all Adelaide players to seek a “better understanding” of what occurred during the trip. However, the AFL and SafeWork SA confirmed on Wednesday they would not re-open investigations into the camp.

Adelaide chief executive Tim Silvers apologized to Betts in a press conference on Wednesday.

“Anyone who leaves our club that doesn’t have a positive experience, we’re sorry,” he told reporters.

“I think we can move forward, but we’d like to say sorry to Eddie and anyone else that had a negative experience throughout the camp.”

Speaking on Channel 9’s Footy Classifiedveteran reporter Caroline Wilson criticized the AFL and WorkSafe SA for not taking substantial action after their initial investigation.

“It required discipline and a punishment,” she said on Wednesday night.

“The AFL is saying to me today they broke no rules. What about bringing the game into disrepute, or conduct unbecoming?

“Surely what we’ve heard from Eddie Betts is bringing the game into disrepute?

“How could they not take action? I know they put measures in place, but that wasn’t good enough for me.

“They knew all of this and they did nothing.”

Adelaide board member Mark Ricciuto, who represented the club for 15 seasons, has also copped backlash for his response to Betts’ damning allegations on Wednesday morning.

“Player welfare is always number one, no matter what’s going on,” he told Adelaide’s Triple M Breakfast with Roo, Ditts and Loz.

“You always want everyone to be happy and all that. It’s very sad that Eddie’s written that, and I think the club’s been on record at times to say that they’ve acknowledged that it wasn’t handled perfectly.

“It had all good intentions, but it didn’t go perfectly. They’ve acknowledged that.”

Wilson blasted those comments on Footy Classified: “It’s obviously devastating, what Mark Ricciuto says is so inaccurate.

“(They say) ‘we’ve moved on from this as a club’, they’ve never moved from it. The AFL will tell you that’s part of the problem.

“How can you describe some of those revelations as not perfect? They’re horrifying.”

Meanwhile, SEN broadcaster Gerard Whateley called the AFL’s statement a “miserable failure”.

“It took 28 words to acknowledge the hurt Eddie Betts experienced. And 177 words of pathetic self-justification of all the good the league has done and no one put their name to it. No sorrow, no regret, no commitment to action,” he said.

“Reading between the lines you’d guess the AFL lives in fear of a class action from the players who were mistreated.”

Wilson also called out AFLPA chief executive Paul Marsh, claiming she had urged him to further investigate the Crows camp several times to no avail.

“I spoke to Paul Marsh on countless occasions… I repeatedly called him over an 18-month period,” she said.

“How he can say he wasn’t aware (of details Betts’ book reveals)? I’m shocked by that more than anything.

“Then I rang him with other allegations, terrible allegations from other players.

“How he can say this now … they (AFLPA) get paid a lot of money, surely their investigative resources are better than that.”

The Age’s Sam McClure continued on 3AW’s sports day: “The statement from Paul Marsh, to put it bluntly, is convenient.

“The AFL and the AFL Players’ Association had access to all the information that journalists reporting the stuff had access to. All they had to do was pick up the phone and have a private conversation.

“They’re now saying this is all new information and will go back and reinvestigate – I’m sorry that’s too little and too late for mine.”

Marsh confirmed the AFLPA first became aware of issues from the Crows camp following media reports, but emphasized that players initially told the union “there was nothing to it”.

“It’s not that we haven’t had conversations – and I’m certainly not saying we didn’t know there was a level of angst about this,” he told SEN Breakfast on Thursday morning.

“I’m open to a view from some maybe that we could’ve tried harder, so I’m not saying everything that could’ve been done was done. But we certainly tried to get to the bottom of what happened with players — and I don’t feel as though we did.

“Players I think were silent on this issue for fear reasons and some players had good experiences, so we understand some of the reasons as to why that happened. But it’s made this issue quite a difficult one.

“Maybe with Eddie now having spoke about it, it might empower other players to want to speak about it.”

Meanwhile, Geelong Cats champion Patrick Dangerfield, who currently serves as the AFLPA president, said it would have been difficult for the union to take immediate action due to the circumstances at the time.

“We’ve gone off the information we were given at the time. And quite clearly, it’s difficult to articulate that, I think, for the players that were there at the time when they’re still playing for Adelaide. So we, as much as we could and as best we could, got the information that was relevant,” Dangerfield told sports day.

“Had we known all the information from the outset, I clearly think a more immediate reaction would have taken place. But that wasn’t the case.

“I don’t necessarily agree with the fact that we didn’t do anything. I think we exhausted a lot of our resources around how we could support the players, but at the same time, you need that open, free-flowing communication between two — and that was a challenge.”

AFLPA Statement

“The details outlined by Eddie Betts in his new book about the 2018 Adelaide Crows training camp are extremely concerning and difficult to read. We commend Eddie on the courage he’s shown in telling this story and are troubled by the ongoing hurt caused to Eddie and his family from him.

Much of the information detailed in Eddie’s book about the camp is new information to the AFLPA and we are extremely concerned about this information on three levels. Firstly, the lack of psychological safety afforded to the entire playing group, secondly the cultural appropriation of Indigenous artefacts and, thirdly, the deliberate gathering of confidential information on players for the purpose of harmfully misusing the information.

At the time that some details of the camp started to emerge, the AFLPA spoke to a number of Adelaide players about the camp. What we now believe is clear from our discussions with those players and the information contained in Eddie’s book is that players felt pressured into remaining silent about the details of the camp.

On the back of the new information that has emerged, the AFLPA will be contacting all Adelaide players since 2018 to seek a better understanding of the details of the camp and any individual issues that may have arisen from it.”

AFL Statement

“The AFL acknowledges the hurt Eddie Betts, his family, his community, and by extension all Indigenous players experienced as a result of Adelaide Crows’ pre-season camp in 2018.

The AFL investigation in 2018 into the Adelaide Crows camp concluded there were failings in the manner in which the football club identified, implemented and managed the pre-season program however it was ultimately determined there was no violation of industry rules. As a result of the investigation, the AFL made recommendations (which were adopted), on improved governance and compliance in relation to the protection of the players, officials and staff at the Club, including further investment into the Adelaide Crows’ integrity area. Further, the investigation led to the introduction of an agreed AFL approval process ahead of any club pre-season camp or activity that involves an external provider.

Additionally, over the last 15 months the AFL CEO has had regular conversations with a senior Indigenous players group which provides a sounding board for key industry and club decisions impacting our Indigenous players. One of the most important outcomes of the regular dialogue with the group has been the introduction of mandatory Indigenous Player Development Managers at all 18 clubs to provide cultural guidance and support for players.”

Read related topics:Adelaide

.