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Judge nips Advanta Seeds class action in the bud, finds no duty of care owed
Class Actions 2021-04-09 5:59 pm By Miklos Bolza

Advanta Seeds has defeated a class action brought over contaminated seeds, with a court finding the Australian seed supplier did not owe a duty of care to irate farmers who allegedly suffered loss and damage from the decreased value of their sorghum crops sowed in the 2010/2011 summer season. 

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Law firm drops opt out clause from funding agreement in Boral class action
Class Actions 2021-04-09 3:11 pm By Miklos Bolza

Phi Finney McDonald will amend its funding agreement with Therium in a shareholder class action against Boral after a judge found that an irrevocable opt out provision placed the law firm in a “manifest position of conflict”.

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Johnson & Johnson asks High Court to review landmark pelvic mesh ruling
Product Liability 2021-04-09 2:29 pm By Cat Fredenburgh

A Johnson & Johnson unit wants the High Court to review the Full Federal Court’s rejection of its challenge to a landmark class action ruling that found the company’s pelvic mesh implants were defective and that it failed to adequately warn about their risks.

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Climate change case should not be run as a class action, government argues
Class Actions 2021-04-08 4:51 pm By Miklos Bolza

The Commonwealth of Australia is seeking to remove all references to representative proceedings from a class action pleading that alleges the government failed to disclose the impacts of climate change to investors in sovereign bonds.

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Judge cuts class action applicant’s recovery under $19.25M Arasor settlement
Class Actions 2021-04-08 2:38 pm By Miklos Bolza

A judge has cut the money owed to the lead applicant in a securities class action against the directors and auditors of laser technology company Arasor from a $19.25 million settlement after a failed attempt to “re-litigate” a dispute over almost $400,000 in GST refunds.

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After invalidity ruling, law firm tries again with MySuper class action against NAB units
Class Actions 2021-04-08 1:50 pm By Christine Caulfield

Maurice Blackburn has brought a second class action against two NAB units over $6.3 billion in super funds, after the law firm’s first attempt was shut down by a state court as invalid.

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J&J unit hit with second class action over pelvic mesh products
Class Actions 2021-04-07 9:06 pm By Cat Fredenburgh

Johnson & Johnson’s Ethicon unit is facing a second class action over its allegedly defective pelvic mesh products, following a landmark ruling that found the drug company did not adequately warn about the devices’ risks.

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Tandem class action members may have been misled by news about cross-claims, judge says
Class Actions 2021-04-07 5:13 pm By Cindy Cameronne

A judge has found that news articles published in the Herald Sun, Daily Mail and The Australian may have given group members in a class action against a Telstra contractor the “wrong impression” that they would be exposed to a cross-claim if they failed to opt out.

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Quintis class action settlement could get $11M boost after insurers come up short
Insurance 2021-04-06 3:10 pm By Miklos Bolza

A lengthy dispute over insurance in a settled class action against sandalwood producer Quintis has been resolved, with the Federal Court rejecting a challenge by two insurers to the rectification of policies that could provide a further $11.25 million in recoveries to group members.

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‘The game is not worth the candle’: Judge says oral discovery in 7-Eleven class action a waste of time
Class Actions 2021-04-01 5:05 pm By Christine Caulfield

Courts have power to order oral discovery of potential witnesses ahead of trial, according to the judge overseeing two 7-Eleven class actions by franchisees, but the cases against the convenience store giant were not the occasion to exercise the power, he said.

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