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The Full Federal Court has found that a landmark NSW Court of Appeal decision barring group members from being notified of future class closure orders at settlement was "plainly wrong" and that the court has the power to make the orders.
A judge has questioned whether the lead applicant in a class action over sleep apnea machines with alleged safety defects was “appropriately resourced” to run the case against health tech giant Philips.
The Full Court has upheld two judgments that shortened patent term extensions granted to Merck Sharpe & Dohme and Ono Pharmaceuticals, finding the extension regime cannot be construed as achieving a "commercial outcome for a patentee".
A judge hearing a superannuation class action against NAB unit NULIS Nominees will not determine the correct approach for calculating damages at an initial trial scheduled for later this year.
Judgments shooting down a class closure order and nixing notice of a possible class closure order were "plainly wrong" and "infected" by faulty reasoning, the Full Federal Court has heard.
An appeal in a class action over Ford's alleged defective Powershift transmission could blow out by a week, with the applicant filing a cross appeal in a case that comes down to three provisions of the Australian Consumer law given little or no attention by the Full Court.
Ford has challenged its loss in a class action over its allegedly defective PowerShift transmissions, arguing group members who have had their cars repaired are not entitled to damages.
Payday lender Nimble has succeeded in blocking its largest shareholder from accessing company documents relating to an impending debt refinance, with a judge finding the company's financial woes were due to COVID-19 and not improper conduct by management.
More than 18 months after a split emerged among the courts, the Full Federal Court will weigh in on whether judges have power to shut out unregistered group members from a class action. But given the breadth of the question for the appeals court, the issue is unlikely to be resolved there.
The Full Court is set to examine whether the Federal Court has the power to make class closure orders prior to mediation, weighing on one of the biggest unanswered questions vexing the class action regime.