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‘Australia’s largest class action’ turns to bookbuilding after common fund blow
Class Actions 2019-12-19 6:04 pm By Miklos Bolza

A planned class action by Shine Lawyers, pegged as “Australia’s largest class action,” over allegedly toxic firefighting foam at eight Commonwealth military bases won’t be filed this month and has turned to bookbuilding following a landmark High Court ruling striking down common fund orders at the outset of class actions.

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Judge in toxic foam class action says court not a ‘supplicant’ of the Commonwealth
Class Actions 2019-11-29 10:59 pm By Miklos Bolza

The Federal Court judge overseeing three class actions against the Commonwealth of Australia over allegedly toxic firefighting foam has criticised the government’s handling of the case, saying the court did not have to ask permission for how to run the proceedings.

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Future personal injury claims may be barred in PFAS class actions, court warns
Australian Government Solicitor 2019-11-01 10:14 pm By Miklos Bolza

A Federal Court judge has expressed concerns about whether group members in three class actions against the Commonwealth over allegedly toxic firefighting foam will be blocked from pursuing personal injury claims related to the chemical.

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Federal Court judge to go on cross-country tour for toxic foam class actions
Class Actions 2019-10-25 9:12 pm By Miklos Bolza

Federal Court Justice Michael Lee is set to go out in the field on a nationwide tour to personally inspect the military bases and surrounding properties at the heart of three class actions against the Commonwealth of Australia over land contamination from allegedly toxic firefighting foam.

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‘Sensible’ funder won’t stick toxic foam class with costs after last-minute common fund withdrawal
Product Liability 2019-05-30 3:33 pm By Miklos Bolza

A judge has praised funder IMF Bentham for not seeking to recover from group members the cost of a withdrawn common fund application in one of Shine Lawyer’s toxic foam class actions, agreeing instead to cop the loss itself.

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Common fund bid in toxic foam class action dismissed after applicant bristles at more scrutiny
Class Actions 2019-04-12 11:36 pm By Christine Caulfield

A judge has tossed an application for a common fund order in a class action over the use of toxic foam on a RAAF base near Katherine, NT after a barrister for the lead applicants said the bid would be withdrawn if the judge appointed an independent “contradictor” to scrutinise the proposed funding structure.

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Judge ‘uncomfortable’ with common fund order in toxic foam class actions
Class Actions 2019-04-03 5:21 pm By Miklos Bolza

A judge overseeing three toxic foam class actions against the Commonwealth of Australia has said he’s not comfortable approving a common fund order which does not detail specific remuneration amounts for funder IMF Bentham.

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Judge wants four referees in toxic foam class actions
Class Actions 2019-03-19 9:25 pm By Cat Fredenburgh

The Chief Justice of the Federal Court wants four referees to weigh what’s expected to be voluminous expert evidence in three class actions against the Commonwealth of Australia over exposure to allegedly toxic foam used on a government military bases, saying with 60 class actions pending in the Federal Court, devoting a single judge to the case for months on end should be a “mechanism of last resort”.

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