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Legal advice in spotlight as ASIC claims financial services firm diverted funds to limit penalty
Financial Services 2023-05-09 11:28 pm By Gareth Baker

A court has appointed a referee to examine whether a law firm’s communications with Golden Financial furthered a plan by the financial advisory firm to divert assets to minimise a penalty sought by the corporate regulator in the first case alleging a breach of the so-called best interest duty.

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Noumi class action judge questions ‘unusual’ privilege bid over docs seen by Ashurst, PwC
Class Actions 2023-05-08 10:20 pm By Cindy Cameronne

A judge has questioned an “unusual” bid by Noumi to shield over 3,000 documents, their titles and the identities of those who sent them to PricewaterhouseCoopers during a 2020 investigation into the food company’s financial position.

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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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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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Five years after class action filed, BHP denies knowledge of dam collapse risk
Class Actions 2023-03-27 11:14 pm By Cindy Cameronne

In a class action long delayed by a battle over foreign shareholders, BHP Group has finally filed a defence, denying it misled shareholders over a failed Brazilian dam and saying knowledge about the risk of collapse cannot be imputed to the Melbourne-headquartered energy giant.

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Bayer can take another crack at ‘scientific knowledge’ defence in Essure class action
Class Actions 2023-03-09 5:05 pm By Sam Matthews

A class action against Bayer over its Essure contraceptive has lost a bid to knock out the pharmaceutical giant’s defence that argues any defects in the device could not have been discovered given the state of scientific knowledge at the time the implants were sold in Australia.

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The top litigation law firms of 2022
Litigation Law Firms of the Year 2023-03-03 6:35 am By Cat Fredenburgh

Lawyerly’s Litigation Law Firms of 2022 racked up precedent-setting victories in a year that continued to see major developments in class action law.

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New allegations OK’d on eve of trial in Bayer Essure class action
Product Liability 2023-02-27 9:26 pm By Sam Matthews

A class action against Bayer over its Essure device has won court approval to add new allegations, including that the contraceptive caused sexual dysfunction, with a judge finding the new claims could not have taken the German drug maker by surprise.

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JD Group wins partial appeal in couple’s case over $10M off-the-plan apartment
Appeals 2022-12-02 2:44 pm By Christine Caulfield

Developer JD Group has scored a partial win in its challenge to a damages award to a Melbourne couple over a “deliberately misleading” rendering of a $9.6 million apartment, with a judge saying the case showed the “inherent risk” in buying apartments off-the-plan.

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Court approves GCO in Noumi class action but may review lawyers’ cut
Class Actions 2022-11-08 10:40 pm By Sam Matthews

A judge has signed off on a group costs order in a shareholder class action against food company Noumi and auditor Deloitte guaranteeing group members a return of at least 78 per cent, but noted the law firms’ cut may need to be reviewed to avoid a “disproportionate return”.

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