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CIMIC wins access to institutional investor details in shareholder class action
Class Actions 2023-04-13 1:16 pm By Cindy Cameronne

Construction firm CIMIC has won its bid to view identifying information about institutional investors in a shareholder class action, despite the applicant’s claims it could deter group members from signing on to the case. 

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As trial in family feud nears, Gina Rinehart’s Hancock Prospecting rebuked for contributing to delay
Energy & Natural Resources 2023-04-13 11:06 pm By Cindy Cameronne

A judge has granted a discovery bid by two of Gina Rinehart’s children as a long-running fight over ownership of a valuable mining tenement nears trial, and has rejected her company’s argument that they were solely responsible for dragging out a dispute over documents.

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Carnival wins strike-out bid in class action over gastro outbreaks
Class Actions 2023-04-12 11:41 am By Cindy Cameronne

Carnival has won its bid to strike out a class action over norovirus outbreaks on its Sun Princess cruise ship. 

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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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High Court dashes Spain’s challenge to sovereign immunity claims in $394M dispute
Arbitration 2023-04-12 1:48 pm By Cindy Cameronne

Spain has lost its High Court appeal arguing it had sovereign immunity from an Australian court’s recognition of a $394 million arbitration award against the country for changes to its energy policies. 

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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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App store class action funder can’t see evidence in Epic’s case against Apple
Competition & Consumer Protection 2023-04-06 1:25 pm By Cindy Cameronne

The litigation funder bankrolling two competition class actions against Apple and Google has lost its bid to see evidence filed in a similar case by developer Epic Games, after concerns were raised about its potential use in overseas proceedings against Apple.

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College’s enrolment practices should be ‘condemned’, Full Court says in ACCC win
Competition & Consumer Protection 2023-04-06 4:29 pm By Cindy Cameronne

The Full Federal Court has upheld a finding that online educator Captain Cook College engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, who accrued $60 million in debt but never finished their courses. 

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Lehrmann says ABC defamed him with live broadcast of Higgins’ Press Club speech
Media 2023-04-06 5:19 pm By Cindy Cameronne

Former Liberal staffer Bruce Lehrmann has accused the Australian Broadcasting Corporation of a “contemptuous attempt” to prejudice the jury in a criminal trial over his alleged rape of former colleague Brittany Higgins in Parliament House.

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Judge ‘horrified’ at ATO involvement in distributing superannuation class action settlements
Class Actions 2023-04-05 12:52 pm By Cindy Cameronne

A judge overseeing a superannuation class action against two Westpac units that settled for $30 million has expressed concerns about the ATO’s potential involvement in distributing settlement funds, saying the department was unlikely to efficiently reunite group members with their money. 

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