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Boston Scientific’s $105M settlement approved in pelvic mesh class action
Class Actions 2023-03-16 10:11 am By Cindy Cameronne

Boston Scientific’s $105 million settlement of a class action over its pelvic mesh devices has secured court approval, but the costs billed by the law firm running the case will face further scrutiny.

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Cushman & Wakefield director can’t shake injunction blocking jump to rival
Employment 2023-03-16 3:10 pm By Sam Matthews

A director at office leasing company Cushman & Wakefield who accepted a job with a competitor has lost a bid to lift an injunction keeping her on garden leave for three months, with a judge finding she was the “author of her own misfortune” for failing to read her employment contract.

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High Court won’t weigh in on Clive Palmer’s royalties spat with Adani
Appeals 2023-03-16 10:34 pm By Sam Matthews

The High Court has denied Clive Palmer leave to appeal successive court decisions which found his company Mineralogy’s royalties dispute with mining company Adani should be determined through a dispute resolution process rather than in court.

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Tabcorp can access Entain’s legal advice for possible case over NSW pub deal
Gaming 2023-03-15 4:59 pm By Cindy Cameronne

A judge has ordered online bookmaker Entain and the Australian Hotels Association to hand over legal advice concerning their agreement to advertise digital wagering products in NSW pubs so that Tabcorp can decide whether to bring a case. 

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Opal Tower class members could do ‘simple arithmetic’, funder says in appeal of cuts to commission
Appeals 2023-03-14 10:25 pm By Sam Matthews

The funder in the Opal Tower class action has appealed a judge’s decision to slash its commission for not disclosing proposed deductions from the settlement sum as percentages, telling the Full Court that group members could do “simple arithmetic”.

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Ken Talbot’s widow wanted to ‘destroy’ law firm, court says
Professional Negligence 2023-03-14 1:20 pm By Cindy Cameronne

The wife of the late mining executive Ken Talbot wanted to “destroy” the law firm that advised her husband about his will, a court has found in awarding costs against the widow.

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Class action firm’s potential profit from Arrium case not relevant to security sum: judge
Class Actions 2023-03-10 3:10 pm By Sam Matthews

A judge overseeing a security dispute in a shareholder class action against KPMG and former directors of Arrium has found that potential profits to the plaintiff law firm running the case under a group costs order is not relevant to determining the quantum of security for costs.

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7-Eleven loses appeal of $595,000 judgment for misleading franchisee
Franchises 2023-03-10 2:48 pm By Cindy Cameronne

Convenience store giant 7-Eleven has lost its appeal of a $595,000 judgment handed down after a court found a franchisee signed a franchise agreement and invested almost $796,000 into a Melbourne store under false pretences.

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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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