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Borrowing funds to run class actions ‘not appropriate’, says expert
Analysis 2023-08-07 10:22 pm By Cindy Cameronne

Class actions throw up all manner of ethical conundrums, but a recent Federal Court decision has shined a light on the question of whether funders and law firms should take out loans to run class actions and whether they can charge the costs to group members.

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Slater & Gordon cedes Medibank class action to Baker McKenzie
Class Actions 2023-08-01 10:11 pm By Sam Matthews

Slater and Gordon has agreed to consolidate its data breach class action against Medibank with one brought by Baker McKenzie, after the judge overseeing the cases railed against competing class actions.

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Shine’s bid for $32M in loan interest raises ‘never seen before’ conflicts: judge
Class Actions 2023-07-24 10:08 pm By Cindy Cameronne

Shine Lawyers’ bid to recoup “exorbitant” interest on a loan it took out to run pelvic mesh class actions against Johnson & Johnson has raised new ethical dilemmas beyond the usual “sweaty palms and huge vexation” in most group proceedings, a judge has said.

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ACL’s $1.5B tie-up with Healius rings alarm bells for ACCC
Competition & Consumer Protection 2023-07-20 3:07 pm By Gareth Baker

The proposed $1.5 billion merger of Australian Clinical Labs and Healius — two of Australia’s largest pathology services providers — is likely to substantially lessen competition, the ACCC has warned.

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Doctors class action won’t take precedence over union-backed cases
Class Actions 2023-07-19 11:41 pm By Cindy Cameronne

A union representing 54 junior doctors alleging they were systemically underpaid has defeated a bid by NSW Health to stay its case until the determination of a related class action on behalf of tens of thousands of medical officers. 

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Junior doctors beat back declassing bid by NSW in overtime case
Employment 2023-07-14 10:33 pm By Christine Caulfield

A junior doctor representing thousands of medical officers in NSW has thwarted an application by the state to declass her group proceeding, with a judge saying a “single determination” of the issues common to all group members was the most efficient way of resolving them.

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Covidien, TFS pelvic mesh class action settles with remaining defendants
Product Liability 2023-07-05 3:59 pm By Christine Caulfield

A class action over pelvic mesh products supplied by device makers Covidien and TFS has reached a global resolution with the manufacturers and their insurers which brings the recovery total in settled mesh class action close to $450 million.

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Irritated judge pushes off 2nd junior doctors class action trial
Employment 2023-07-05 4:35 pm By Sam Matthews

A judge has adjourned a trial in a case brought by junior doctors seeking to recoup alleged unpaid overtime, despite noting his annoyance over the applicants’ “180 degree turn” on the question of whether the hearing should await delivery of judgment in a related case.

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Lundbeck’s decade-long damages bid against Sandoz stayed despite High Court win
Intellectual Property 2023-07-04 11:39 pm By Cindy Cameronne

Novartis unit Sandoz has won its bid to stay a case by rival Lundbeck, including orders for damages previously calculated at $26.3 million and counting, despite having succeeded at the High Court in a dispute over its patent for blockbuster antidepressant Lexapro.

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Deep sleep defamation case against HarperCollins finally put to rest
Defamation 2023-07-03 9:55 am By Cindy Cameronne

A psychiatrist has reached a confidential settlement with Harper Collins in his defamation case over a book about the controversial deep sleep therapy at the Chelmsford Private Hospital in the 1970s.

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