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Bayer can take another crack at ‘scientific knowledge’ defence in Essure class action
A class action against Bayer over its Essure contraceptive has lost a bid to knock out the pharmaceutical giant’s defence that argues any defects in the device could not have been discovered given the state of scientific knowledge at the time the implants were sold in Australia.
NAB acted unconscionably with periodic payment fee overcharges, judge finds
A court has found National Australia Bank engaged in unconscionable conduct in knowingly overcharging thousands of customers periodic payment fees for four years.
Bayer needs ‘thoughts and prayers’ to make out privilege claim in class action, court told
A class action against Bayer over its allegedly defective Essure contraceptive devices has admonished the drug manufacturer’s bid to shield emails considered privileged in similar US litigation, arguing “thoughts and prayers” are needed to sustain the claim.
Essure class action slams Bayer’s bid for applicant’s teen medical records
The lead applicant in a class action against Bayer over its Essure contraceptive device has admonished the drug maker’s request for her medical records since the age of 14, saying it had “no basis” and was a “fishing exercise”.
Teens won’t take climate change class action to High Court
An appeals court's finding that the federal government does not owe a duty of care to Australian kids to protect them from the effects of climate change will stand after the lead applicants declined to take the matter to the High Court.
No duty of care owed to kids by environment minister, Full Court rules
The Full Federal Court has overturned a historic judgment that found the federal minister for the environment owed a duty of care to Australians under 18 to protect them from 'catastrophic' harm caused by the approval of the Vickery coal mine expansion.
Bayer Essure class action wins unredacted discovery for opt out notice
Bayer has lost its bid to redact the names and contact details of potential group members from discovered documents in a Slater & Gordon-led class action over the drug maker's Essure contraceptive device.
‘Ticking time bomb’: Essure class action members all at risk, court told
Group members in a class action over Bayer's Essure contraceptives had “a ticking time bomb” in their bodies after being implanted with the devices, and all were at risk of developing injuries, a court has heard.
Judges should have no say in coal mine approvals, Morrison government says in class action appeal
Approving coal mine projects is not the business of courts, the Morrison government has argued in its challenge to a landmark class action judgment that found it had a duty of care to protect Australian children from the effects of climate change.
MIS regime poses ‘real risk’ to consolidating Freedom Foods class actions, court told
Recent changes to the law requiring funded class actions to be registered as managed investment schemes have complicated the question of how best to resolve the multiplicity issue in two class actions brought against Freedom Foods and Deloitte.