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Law firm gets $50,000 bump in costs after breach finding in Romeo’s class actions
Class Actions 2023-03-09 5:15 pm By Sam Matthews

The fees of a class action firm found to have breached cost disclosure rules in running two underpayments class actions against supermarket chain Romeo’s have been adjusted up, after $260,000 was initially cut from the bill by the Federal Court.

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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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PNG minister’s defamation award cut after ‘regrettable’ error by judge
Defamation 2023-03-06 5:52 pm By Sam Matthews

A judge has shaved $80,000 off the damages recently awarded to a Papua New Guinea politician who sued Fairfax Media over a series of articles published in the Australian Financial Review, after finding she wrongly discounted a mitigation defence by the publisher.

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Firm’s contingency fee re-do wins over judge in class actions against banks
Class Actions 2023-03-03 5:50 pm By Cindy Cameronne

A law firm has won its second bid for a group costs order in three class actions against banks over flexible commission schemes after a judge in 2021 rejected what was then the first-ever application for a contingency fee.

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‘It should not happen’: AAT panned for verbatim copying of winning side’s arguments
Appeals 2023-03-02 11:36 pm By Christine Caulfield

A decision by the Administrative Appeals Tribunal that reproduced almost entirely verbatim and without attribution the submissions of the prevailing party as its own reasons damages the public’s trust in the AAT and must be overturned, a court has ruled.

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Advanta beats back appeal in contaminated seeds class action
Appeals 2023-02-28 9:55 pm By Sam Matthews

Advanta Seeds has won an appeal upholding the dismissal of a class action by sorghum farmers over allegedly contaminated seeds, with a court finding that the seed producer’s duty of care was negated by clear disclaimers.

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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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Nine defeats strike-out bid in defamation suit over ‘internet trolls’ broadcast
Defamation 2023-02-27 10:39 pm By Cindy Cameronne

Nine has defeated a bid to strike out its truth defences in a defamation case by a Melbourne hairdresser alleging a segment on ‘A Current Affair’ about ‘internet trolls’ and subsequent comments on the program’s Facebook page defamed her.

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Chinese crypto miner wins return of equipment in five-way stoush
Cryptocurrency 2023-02-24 10:26 pm By Sam Matthews

A Chinese crypto miner has won its equipment back, for now, after a Melbourne business it charged with looking after the machines allegedly allowed four other businesses to access them, culminating in a five-way stoush involving an ambulance and police.

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$192.5M oil spill class action settlement gets nod, but firm’s cut to be decided
Class Actions 2023-02-23 2:10 pm By Sam Matthews

A judge has approved a $192.5 million settlement in an oil spill class action on behalf of Indonesian seaweed farmers, but the slice for the law firm running the action and its litigation funder remains to be determined amid allegations of negligence by the former lead applicant in the case.

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