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Concerns ‘poorer’ patients in vaginal mesh class action less likely to be notified of rights
Class Actions 2019-09-30 9:44 pm By Amelia Birnie

The judge overseeing the Ethicon pelvic mesh class action has flagged serious public policy concerns stemming from class identification problems, amid fears that “poorer” patients in the public health system would be less likely to be notified of their rights compared to those in the private system.

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Jailed former E&Y exec loses challenge to restraining orders on $150M in assets
White Collar 2019-09-30 8:11 pm By Christine Caulfield

A former Ernst & Young principal jailed for at least nine years for his role in a $135 million tax fraud has lost a challenge to two NSW Supreme Court orders barring access to $150 million worth of assets.

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‘Serious questions’ raised over conduct of lawyers, funder behind Banksia class action, judge says
Class Actions 2019-09-26 2:01 pm By Christine Caulfield

A judge overseeing a settled class action against failed Banksia Securities has rejected an application to limit a contradictor’s investigation of alleged professional misconduct on the part of the legal team and funder behind the case, saying he was satisfied there was a proper basis for the allegations.

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Judge ‘flummoxed’ about why 200 pelvic mesh cases are not a class action
Product Liability 2019-09-12 1:20 pm By Miklos Bolza

A Federal Court judge has expressed disbelief that hundreds of lawsuits are being pursued over allegedly defective  pelvic mesh, saying he was “absolutely flummoxed” as to why the law firm leading them hadn’t considered filing a class action.

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Liquidators can find some Plutus workers’ claims not a priority, judge says
Restructuring & Insolvency 2019-09-09 2:47 pm By Cat Fredenburgh

The liquidators of Plutus Payroll Australia, the company at the heart of a high profile $105 million tax fraud, can determine that claims made during the liquidation by some of its 4,500 workers are not claims of employees and do not need to be prioritised.

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Hytera takes another shot at defending Motorola theft claims
Appeals 2019-09-09 2:11 pm By Cat Fredenburgh

Hytera will take another shot at winning court approval to amend its defence so it can blame Motorola for not alerting it to the alleged theft of the US telco’s source code by former employees sooner.

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Estia Health seeks to strike out ‘defective’ class action pleadings
Class Actions 2019-09-05 9:24 pm By Miklos Bolza

Aged care provider Estia Health has launched a bid to strike out the pleadings in a Phi Finney McDonald-led shareholder class action, accusing the law firm of making “speculative allegations” in the hope of strengthening its case later on.

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Full Federal Court dismisses Linfox’s $45M fuel tax challenge as ‘too weak’
Tax 2019-09-05 2:42 pm By Amelia Birnie

The Full Federal Court has dismissed Linfox’s $45 million fuel tax credit appeal, finding the Australian logistics company’s argument was ‘too weak or uncertain’ to conclude that it was being over-taxed on major toll roads across the country.

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Lloyd’s says court has no power to let Pitcher Partners class actions eyeball insurance policies
Insurance 2019-08-30 9:23 pm By Miklos Bolza

Two units of global insurer Lloyd’s have launched a constitutional challenge to a Federal Court order requiring accounting firm Pitcher Partners to hand over certain insurance documents in two shareholder class actions.

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Crown can appeal ruling that freed Chinese employees to talk to lawyers
Appeals 2019-08-29 10:28 pm By Christine Caulfield

Crown Resorts has been given the greenlight to challenge a court order allowing former employees to talk to lawyers for a class action over its business in China, but the class has another chance to make its case that the ruling should stand.

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