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‘The end of litigation as we know it’: Judge pans Nando’s costs in franchising spat
Franchises 2022-03-07 2:36 pm By Miklos Bolza

Nando’s Australia has been criticised for claiming that its costs in a dispute against a single franchisee could reach close to $2 million, with an associate judge saying the bill could kickstart a precedent that leads to “the end of litigation as we know it”.

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Settlement talks in Astora pelvic mesh class action ‘well advanced’
Product Liability 2022-03-03 9:57 pm By Miklos Bolza

Settlement talks in a class action brought by Shine Lawyers against Astora Women’s Health on behalf of women injured by allegedly defective pelvic mesh products are “well advanced”, while mediation in two similar actions is ongoing, a court has heard.

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Priceline class action on verge of collapse as funder withdraws
Class Actions 2022-02-18 1:18 pm By Cat Fredenburgh

The funder that was bankrolling a class action alleging pharmacy giant Priceline exercised an “overly prescriptive level of control” on franchisees which limited their profitability has withdrawn its support for the proceeding.

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Class action funder says perceived 7-Eleven ‘pressure’ relevant to $25M commission bid
Class Actions 2022-02-15 5:51 pm By Christine Caulfield

Evidence of anxiety felt by 7-Eleven franchisees leading class actions against the convenience store giant was relevant to whether the funder could earn a $25 million commission from the proceeds of a settlement, a court has heard.

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Trial vacated in Monsanto class action over Roundup weed killer
Product Liability 2022-02-11 7:02 pm By Christine Caulfield

An upcoming three-month trial in a class action against agrochemical giant Monsanto has been vacated after the applicant’s key expert withdrew from the case.

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Class action members guaranteed more than 70% in first case giving lawyers slice of the pie
Class Actions 2022-02-08 2:47 pm By Christine Caulfield

The first order allowing plaintiffs lawyers to take a cut of the proceeds of a class action will guarantee group members in a case against G8 Education at least 72.5 per cent of any recoveries — a notably higher percentage than the minimum legislated by a controversial bill before federal parliament.

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Mercedes-Benz hits back at $650M lawsuit, says dealer agreements not ‘perpetual’
Franchises 2021-12-07 6:38 pm By Miklos Bolza

Mercedes-Benz has responded to a $650 million lawsuit by Australian dealers over its decision to move to a fixed-price agency model, saying it had a “legitimate commercial interest” in making the change and denying that dealer agreements were “perpetual” in their terms.

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Judge makes first class action order giving law firm cut of proceeds
Class Actions 2021-12-02 10:24 am By Cindy Cameronne

Saying the funding arrangement would eliminate the possibility that legal costs ate up the majority of any return to group members, a judge overseeing a shareholder case against G8 Education has issued the first ever group costs order in a class action.

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Group costs order not ‘appropriate or necessary’ in G8 shareholder class action, court told
Fiona Forsyth 2021-11-26 9:53 pm By Cindy Cameronne

A judge hearing the second ever application for a group costs order in a shareholder class action against early childhood education provider G8 Education has heard she should reject the request because it is not “appropriate or necessary” to ensure justice in the proceeding.

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Monsanto may face claim for exemplary damages in Roundup class action
Class Actions 2021-11-22 6:45 pm By Miklos Bolza

A class action on behalf of people who claim they developed non-Hodgkin lymphoma after using Monsanto’s Roundup weed killer will argue the agrochemical giant should be hit with exemplary damages for its negligence in selling the herbicide, which the company allegedly knew caused cancer.

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