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PFAS class action judge questions enforceability of ‘restrictive’ witness undertaking
Class Actions 2022-09-05 10:22 pm By Cindy Cameronne Sydney

A judge has questioned how the government can enforce a “restrictive” undertaking with a former member of the Australian Defence Force who will give key evidence in a class action alleging the Commonwealth contaminated Indigenous land with toxic firefighting foam.

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Judge allows report denying PFAS link with immunosuppression in contamination class action
Class Actions 2022-06-10 7:02 pm By Sam Matthews Melbourne

A class action alleging the federal government contaminated Indigenous land with toxic firefighting foam has lost a challenge to a report by a scientist who declined to find that the foam could cause adverse health effects including immunosuppression and interfere with the efficacy of vaccines.

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In victory for class action, judge says bad breast implant claims can advance
Class Actions 2022-05-20 10:45 pm By Cat Fredenburgh Melbourne

The applicants in a class action against The Cosmetic Institute and twelve doctors over allegedly “incompetent” breast augmentation surgery have won court approval to expand their case to allege misleading and deceptive conduct and breaches of the consumer guarantees in the Australian Consumer Law.

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Insurer on hook for doctor’s costs in breast implant class action
Insurance 2022-03-31 1:59 pm By Sam Matthews Melbourne

An appeals court has found that Avant Insurance must indemnify a plastic surgeon for his legal bills and the claims of all relevant group members in a class action over alleged botched breast augmentations.

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Insurer has second crack at dodging doctor’s class action defence costs
Insurance 2022-02-17 9:32 pm By Bianca Hrovat Sydney

Avant Insurance has challenged a Federal Court judge’s interpretation of the Insurance Contracts Act in its second attempt to avoid liability for the defence costs of a plastic surgeon named in a class action brought over botched breast augmentations.

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Judge sets course to avoid ‘Brobdingnagian’ trial in PFAS class actions
Class Actions 2021-08-20 5:31 pm By Miklos Bolza Sydney

With mediation failing to resolve an expansive class action against the federal government over its use of allegedly toxic firefighting foam, a judge has charted a plan to avoid a “Brobdingnagian” trial and efficiently determine the claims of group members around eight military bases across Australia.

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Insurer must cover breast implant doctor’s class action defence costs
Insurance 2021-07-06 1:29 pm By Christine Caulfield Melbourne

A surgeon facing class action claims from breast implant patients of the defunct The Cosmetic Institute has won his legal battle against an insurer that denied coverage for his defence costs.

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Judge throws out part of challenge to India travel ban
COVID-19 2021-05-10 9:49 pm By Cindy Cameronne Sydney

A judge has dismissed part of a legal challenge to the Morrison government’s ban on Australians travelling home from India during a devastating surge in coronavirus cases in the country, finding the health minister did exceed his powers in instituting the ban.

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India travel ban faces Federal Court challenge
COVID-19 2021-05-05 4:10 pm By Miklos Bolza Sydney

A 73-year old Australian man has filed a constitutional challenge to the Morrison government’s decision to ban travel from India amid a devastating surge in coronavirus cases in the country.

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Plastic surgeon named in breast implants class action locked in legal battle with insurers
Insurance 2021-03-29 2:51 pm By Miklos Bolza Sydney

A court has ordered Avant Insurance to supply certain documents to a plastic surgeon seeking coverage for legal costs of defending a class action against The Cosmetic Institute over allegedly “incompetent” breast augmentation surgery.

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