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Foxtel, Optus contractor faces possible class action over ‘sham’ contracts with technicians
Employment 2019-02-21 8:58 pm By Miklos Bolza

Foxtel and Optus contractor BSA may be hit with a class action on behalf of telecommunications technicians allegedly engaged as independent contractors so the company could avoid paying them certain entitlements.

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Draft expert reports fair game in $100M Gladstone Ports class action
Class Actions 2019-02-19 8:31 pm By Cat Fredenburgh

Gladstone Ports has won access to draft expert reports prepared by Clyde & Co in its $100 million class action against the Queensland government owned organisation, with a judge ruling the documents were not privileged despite their not being used in the case.

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Common fund orders fulfil class action promise, lawyers tell historic appeals court
Appeals 2019-02-05 10:50 pm By Miklos Bolza

Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.

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Ethicon loses bid for class closure order in pelvic mesh case
Class Actions 2019-02-05 9:35 pm By Cat Fredenburgh

The judge overseeing a class action against Ethicon over allegedly faulty pelvic mesh implants has shot down the device maker’s bid for a class closure order.

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Common fund orders in class actions either ‘premature’ or ‘pointless’, joint appeals court told
Appeals 2019-02-04 8:39 pm By Miklos Bolza

An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.

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It’s the vibe of the thing: all eyes on constitutional challenge to common fund orders
Analysis 2019-02-01 11:16 pm By Christine Caulfield

An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.

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Class fights to use settlement evidence in Ethicon pelvic mesh case
Class Actions 2019-02-01 11:00 pm By Miklos Bolza

A class action against Ethicon over allegedly faulty pelvic mesh implants wants introduce confidential evidence from prior settlement negotiations as it attempts to shut down the medical device maker’s class closure application.

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Top 10 class action settlements of 2018
Exclusive 2019-01-11 11:29 pm By Cat Fredenburgh

From a record-setting funder’s cut to the first call for ‘“proportionality”, last year saw a number of groundbreaking judgments approving class action settlements worth more than half a billion dollars. Here are the 10 biggest settlements of 2018, and the law firms and funders that negotiated them.  

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Law firms investigate class actions over Sydney’s faulty Opal Tower
Construction 2019-01-11 11:20 pm By Christine Caulfield

Two law firms have launched formal investigations into possible class actions over Sydney’s defective Opal Tower, inviting owners of units in the “crumbling” building to register their interest in joining legal proceedings.

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Toxic foam class action not time-barred, court hears
Class Actions 2019-01-10 10:36 pm By Cat Fredenburgh

The applicants in a class action over exposure to allegedly toxic foam used on a government military base have struck back at the Commonwealth of Australia’s argument that their claims were filed too late.

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