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‘Absolutely not’: Judge won’t hold Ethicon-type trial in TFS pelvic mesh class action
Class Actions 2021-04-23 10:59 pm By Miklos Bolza

Hoping to avoid a lengthy trial like the 89-day hearing in the pelvic mesh class action against Johnson & Johnson’s Ethicon, a judge has suggested splitting up a class action hearing over TFS Manufacturing and IVS pelvic mesh products to focus on the question of the devices’ safety and efficacy first.

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ASIC asks court to approve receivers to sell Melissa Caddick’s assets
Restructuring & Insolvency 2021-04-23 10:06 pm By Cat Fredenburgh

Two months after the remains of accused fraudster Melissa Caddick were discovered on a NSW beach, ASIC is seeking to appoint final receivers to realise her assets, although the family and friends who invested tens of millions with the Sydney businesswoman are not expected to fully recoup their investments.

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In Pizzeys client poaching case, ‘fraught’ separate questions rejected
Intellectual Property 2021-04-23 10:01 pm By Christine Caulfield

Two lawyers facing a lawsuit over their defection from specialist IP firm Pizzeys Patent and Trade Mark Attorneys have failed in their bid to have separate hearings in the case concerning the validity of non-compete clauses in their employment contracts.

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Fairfax can’t add new claims of ‘very serious criminal misconduct’ in Ben Roberts-Smithā€™s case
Defamation 2021-04-23 5:33 pm By Cindy Cameronne

A judge overseeing Ben Roberts-Smith’s defamation case against Fairfax has refused a bid by the publisher to bolster its defence with further allegations of criminal conduct by the soldier, who told the court Friday former Governor-General Quentin Bryce will give evidence for him at the upcoming trial.

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Judge ‘bereft’ of power to vary $138M IAG settlement to allow late opt outs
Insurance 2021-04-23 5:07 pm By Miklos Bolza

A $138 million class action settlement with IAG over alleged junk insurance will go ahead after a judge found he was “bereft” of power to vary his prior approval judgment and include late opt out bids by group members that threatened to derail the agreement last month.

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Law firms behind rival Allianz class actions to press for novel alternative to beauty parade
Class Actions 2021-04-23 3:46 pm By Christine Caulfield

Two law firms bringing competing class actions against insurance giant Allianz have proposed to resolve the duplication by jointly running just one of the cases, but the judge overseeing the litigation needs convincing, she said Friday.

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NAB class action over MySuper put on ice as invalidity ruling challenged
Financial Services 2021-04-22 10:35 pm By Christine Caulfield

A Federal Court class action against two NAB units over $6.3 billion in super funds is on hold after lawyers for the applicant filed an appeal of a ruling that found their state court proceeding had been invalidly commenced.

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Ben Roberts-Smith flags ‘serious concerns’ about potential unlawful conduct by Fairfax
Defamation 2021-04-22 5:27 pm By Cindy Cameronne

Ben Roberts-Smith has raised ā€œserious concernsā€ in his defamation case against Fairfax that the media company may have unlawfully published classified material he allegedly buried in his backyard, with the war veteran asking for an explanation of where it came from.

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ACCC to fight production of JPMorgan witness statements in ANZ cartel case
Competition & Consumer Protection 2021-04-22 5:02 pm By Cat Fredenburgh

The judge who vowed last year to move a criminal cartel case over a $2.5 billion ANZ share placement to trial “before we all retire” will soon weigh the ACCC’s claim for privilege over statements from JPMorgan witnesses it has been accused of pressuring during its investigation, two months after a different judge heard a still unresolved privilege fight in the long-running case.

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Judge to decide if lockdown class action lawyer’s clients must hand over details
Class Actions 2021-04-22 3:59 pm By Miklos Bolza

A judge will hear arguments by suspended lawyer Serene Teffaha, who filed a class action against the state over lockdown restrictions, over whether her clients can be made to supply their details to a Hall & Wilcox lawyer who was appointed to take over her firm.

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