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Average payout to TFS pelvic mesh class action members kept out of notice
Class Actions 2023-06-23 3:47 pm By Cindy Cameronne

A class action on behalf of women injured by alleged defective pelvic mesh will not advise group members the estimated average return from the proceeds of a settlement against defunct device manufacturer TFS’ insurer because it would be “cruel”.

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Developer says Full Court ‘plainly wrong’ in tossing ACCC’s case against NSW Ports
Competition & Consumer Protection 2023-06-22 11:02 pm By Cindy Cameronne

A New South Wales developer will mount a challenge to a Full Court decision that tossed the ACCC’s competition case against NSW Ports over an agreement to privatise two ports, arguing the majority ruling was “plainly wrong”.

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Trial questions won’t be revised to give Monsanto ‘layer of insurance’ in class action
Product Liability 2023-06-22 11:47 am By Sam Matthews

The judge overseeing a class action against Monsanto over its weed killer has rejected the agrochemical giant’s application to amend the common questions to be decided at a liability trial to account for its alternative defence.

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Judge ‘very concerned’ by delay, miscommunication in P&O Cruises cases
Personal injury 2023-06-22 3:30 pm By Sam Matthews

A judge has expressed her concern over delays in a suite of cases filed against P&O Cruises by holidaymakers who were seriously injured in a fatal bus collision in Vanuatu in 2016.

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Human rights lawyers can intervene in ATO whistleblower case
Employment 2023-06-22 4:27 pm By Gareth Baker

The Human Rights Law Centre has been given the go ahead to intervene as amicus curiae in the case of ATO whistleblower Richard Boyle, after a March ruling that the former debt collection officer could not rely on statutory whistleblower protections

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ACCC’s rejection of $1.8B Telstra, TPG deal stands on appeal
Telecommunications 2023-06-21 10:22 am By Cindy Cameronne

Telstra and TPG have lost their challenge to the ACCC’s decision refusing authorisation for a $1.8 billion regional network sharing agreement, with the Australian Competition Tribunal finding the deal would increase Telstra’s dominance in the mobile phone market. 

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7-Eleven class action funder disputes ‘strong reasons’ for denying CFO
Appeals 2023-06-21 4:07 pm By Christine Caulfield

A litigation funder whose cut of a $98 million settlement in franchise class actions against 7-Eleven was slashed in half is challenging a judge’s finding that “strong reasons” exist to refuse it a common fund order.

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Facing ‘staggeringly large’ security costs, class action queries separate lawyers for Blue Sky execs
Class Actions 2023-06-21 11:07 pm By Sam Matthews

The applicant in a class action against Blue Sky Alternative Investments and auditor EY has raised an “often overlooked” principle to challenge the separate legal representation of two of the company’s directors, dodging applications for almost $15 million in security – for now.

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$29M settlement in Westpac class action gets green light
Class Actions 2023-06-21 12:29 pm By Cindy Cameronne

A judge has approved a $29 million settlement in a class action against Westpac over ‘junk’ consumer credit insurance, a deal that earns the bank’s customers at least $19.6 million. 

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Insurer seeking to examine Arrium liquidators can’t shield docs
Restructuring & Insolvency 2023-06-21 11:30 pm By Cindy Cameronne

Insurer Atradius has lost its bid to keep under wraps information supporting its application to publicly examine three KordaMentha directors about their administration of the Arrium Group after a judge found it would not prejudice a similar bid in related proceedings. 

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