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Lawyers can lose focus on clients’ interests in competing class actions, court says
Class Actions 2023-06-30 5:29 pm By Cindy Cameronne

A judge has cautioned two law firms running competing shareholder class actions over last October’s cyber attack on Medibank that they must keep their focus on the best interests of clients and group members, saying lawyers can lose sight of that duty when arguing for their case. 

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NIB wins unpaid loans from Whitecoat developer after $42.5M sale to CBA
Healthcare 2023-06-28 4:02 pm By Gareth Baker

The developer of healthcare directory app Whitecoat must pay health insurer and joint venture partner NIB $1.6 million for loans that were never repaid following the app’s sale to the Commonwealth Bank for $42.5 million in 2021. 

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Medibank’s capital requirement lifted to $250M after data breach
Privacy & Cybersecurity 2023-06-27 2:53 pm By Gareth Baker

The Australian Prudential Regulation Authority has raised Medibank’s capital adequacy requirement by $250 million, following last year’s cyber attack against the private health insurer, which exposed the personal details of 10 million customers. 

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Lawyers face $500,000 bill for ‘completely misconceived’ horse vaccine class action
Class Actions 2023-06-23 4:48 pm By Gareth Baker

Pet and livestock drug company Zoetis, which successfully defended a class action over its horse vaccine Equivac, is pressing forward with its claim against the legal team that ran the unfunded case, seeking to recover $500,000 of its $3.8 million legal bill.

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Average payout to TFS pelvic mesh class action members kept out of notice
Class Actions 2023-06-23 3:47 pm By Cindy Cameronne

A class action on behalf of women injured by alleged defective pelvic mesh will not advise group members the estimated average return from the proceeds of a settlement against defunct device manufacturer TFS’ insurer because it would be “cruel”.

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Declassing orders must be ‘all or nothing’, court told in breast implants class action
Class Actions 2023-06-08 11:25 pm By Cindy Cameronne

A declassing bid by nine doctors in a class action on behalf of women allegedly injured by a one-size-fits-all approach to breast implant surgeries must apply to the entire proceeding, not just the claims against them, a court has heard.

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In appeal against SmileDirectClub, Invisalign says court didn’t get facts straight
Appeals 2023-06-05 12:56 pm By Cat Fredenburgh

Dental aligner maker Invisalign has appealed its loss in suit accusing competitor SmileDirectClub of misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits.

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Former top judge lands post-retirement gig as referee in fight over J&J pelvic mesh settlement
Class Actions 2023-05-31 4:01 pm By Christine Caulfield

The Federal Court’s recently retired top judge has landed on his feet with his appointment by the court as referee to determine which of a group of competing firms should dole out a $300 million settlement that resolved the J&J pelvic mesh class actions.

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Healthcare REIT can’t add claims against Dexus in trust takeover spat
Real Estate 2023-05-23 5:45 pm By Sam Matthews

Real estate investment trust NorthWest can amend its pleadings in a lawsuit alleging one of the country’s largest unlisted healthcare property funds conspired to prevent it from acquiring a controlling stake, but has come up short in its bid to add to its claims against property giant Dexus.

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‘Extraordinary unhappiness’ with $300M J&J pelvic mesh settlement, court hears
Product Liability 2023-05-19 3:08 pm By Sam Matthews

A contradictor in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon has told the court of the “extraordinary amount of group member unhappiness” following approval of a $300 million settlement – the largest in the history of Australian product liability group proceedings.

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