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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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Gunns class action settles with KPMG, former directors
Class Actions 2023-03-02 10:57 pm By Cindy Cameronne

A class action against KPMG and nine former Gunns Plantations directors over the failure of six managed investment schemes for eucalyptus wood in Tasmania has settled for a confidential amount, with a judge poised to approve the deal.

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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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Daily Mail says Erin Molan’s ‘egregious conduct’ warrants reversal of $150,000 damages award
Defamation 2023-03-02 11:20 pm By Sam Matthews

The Daily Mail has argued that Nine sports presenter Erin Molan should be stripped of a $150,000 defamation damages award because of her history of “seriously egregious conduct” on 2GB’s Continuous Call Team radio show.

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Funder’s $7M cut in Fonterra class action up in the air amid CFO uncertainty
Class Actions 2023-02-28 8:47 pm By Sam Matthews

A judge has indicated his willingness to approve a $25 million settlement in a class action against dairy co-op Fonterra, but deferred the question of the funder’s cut until after the Full Court rules on whether the court has the power to make a common fund order at settlement.

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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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AFL faces potential class action by former players over head injuries
Personal injury 2023-02-27 1:43 pm By Cindy Cameronne

A Melbourne law firm is reportedly poised to file a class action against the Australian Football League, seeking compensation on behalf of former professional players who have allegedly suffered head injuries during games.

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ASIC takes Noumi, top executives to court over 2019 financial reports
Securities 2023-02-27 8:44 am By Christine Caulfield

The corporate watchdog has brought action against former Freedom Foods Group and its former CEO and CFO for alleged disclosure breaches relating to inventory values in its 2019 financial reports.

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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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