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Freight operators have a cow over port direction holding up vessel with $5.2M in cattle
Agriculture 2024-02-09 9:06 pm By Sam Matthews

Two marine freight companies have lost a fight with a local council which refused to allow it to unload 3,000 head of cattle at Apollo Bay in Victoria, with a judge finding they were “the architects of their own misfortune” for striking a deal with a beef company before securing permission to berth at the port. 

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COVID-19 aged care class actions put on ice pending criminal trials
Class Actions 2024-02-01 3:40 pm By Sam Matthews

Still in the dark about insurance coverage and seeking to stem the flow of cash, two class actions against Heritage Care and St Basil’s over COVID-19 outbreaks have been shelved pending the outcome of criminal cases against the Victorian aged care providers, in a decision the judge said “wouldn’t gladden the hearts of group members”. 

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Judge doubts power to order irrelevant docs be produced in aged care class actions
Class Actions 2023-11-13 10:57 pm By Cat Fredenburgh

A judge has upheld a ruling that rejected a bid by two class actions against Victorian aged care providers for insurance and financial information, finding the court likely does not have the power to order the production of documents that are not relevant to the proceeding.

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AFL concussion class action will add family of injured players
Class Actions 2023-10-06 3:39 pm By Cindy Cameronne

A class action against the AFL on behalf of players who allegedly suffered brain injuries will expand its group definition to include family members and dependents, while a competing case by the widow of Shane Tuck has been dropped. 

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Essure contraceptive ‘safe and efficacious’, Bayer tells class action trial
Trials 2023-04-12 9:20 pm By Cindy Cameronne

Bayer told a jury that clinical trials from the 1990’s to 2014 showed its Essure birth control device was “safe and efficacious”, as the pharmaceutical giant faces trial in a class action by patients who claim they suffered debilitating injuries from the device.

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Bayer can’t dismiss Essure injuries as ‘common women’s symptoms’, class action trial told
Trials 2023-04-11 9:07 pm By Cindy Cameronne

Pharmaceutical giant Bayer cannot write off debilitating chronic pain and bleeding which patients allegedly experienced after being implanted with Essure contraceptives as “common women’s symptoms”, a court has heard in the first day of trial in a long-running class action.

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Bayer can take another crack at ‘scientific knowledge’ defence in Essure class action
Class Actions 2023-03-09 5:05 pm By Sam Matthews

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.

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New allegations OK’d on eve of trial in Bayer Essure class action
Product Liability 2023-02-27 9:26 pm By Sam Matthews

A class action against Bayer over its Essure device has won court approval to add new allegations, including that the contraceptive caused sexual dysfunction, with a judge finding the new claims could not have taken the German drug maker by surprise.

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High Court won’t hear Gatto bid to revive defamation case against ABC
Defamation 2022-11-11 7:23 am By Cat Fredenburgh

The High Court has rejected a special leave application by underworld figure Mick Gatto seeking to revive defamation claims against the ABC over an article which he said accused him of threatening to kill gangland lawyer Nicola Gobbo.

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Essure class action slams Bayer’s bid for applicant’s teen medical records
Class Actions 2022-09-21 2:15 pm By Cindy Cameronne

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”.

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