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‘Very large indeed’: DePuy class action settlement administration costs top $13M
Class Actions 2024-02-01 5:43 pm By Sam Matthews

A judge has signed off on a bill that brings the total settlement administration costs in a class action against Johnson & Johnson unit De Puy to over $13 million, amid a push by some judges to open the settlement administration gig up to competition.

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COVID-19 aged care class actions put on ice pending criminal trials
Class Actions 2024-02-01 3:40 pm By Sam Matthews

Still in the dark about insurance coverage and seeking to stem the flow of cash, two class actions against Heritage Care and St Basilā€™s over COVID-19 outbreaks have been shelved pending the outcome of criminal cases against the Victorian aged care providers, in a decision the judge said ā€œwouldn’t gladden the hearts of group membersā€.Ā 

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Boral shareholders can run ‘novel’ case on loss in disclosure class action
Class Actions 2024-02-01 5:26 pm By Cindy Cameronne

Construction giant Boral has lost its bid to block a class action from running a ‘novel’ argument that shareholders suffered loss because of natural fluctuations in share price, rather than as a direct result of alleged continuous disclosure breaches.Ā 

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Rio Tinto shielded by war sanctions from wrath of Russian aluminium producer
Energy & Natural Resources 2024-02-01 4:17 pm By Cindy Cameronne

Russiaā€™s largest aluminium producer UC Rusal has lost a breach of contract lawsuit brought against six Rio Tinto companies after they refused to deliver alumina under a joint venture agreement on the basis that doing so would cause them to run afoul of export sanctions imposed after Russia invaded Ukraine.

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Mercedes-Benz dealers appeal loss in $650M suit over model switch
Appeals 2024-02-01 9:03 pm By Cat Fredenburgh

Mercedes-Benz dealers have appealed a judgment that found their $650 million lawsuit against the luxury car maker over its decision to move to a fixed-price agency model tried to “rewrite the contractual bargain” they had agreed to in order to better suit their commercial interests.

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Picking class action winner on strength of law firm’s experience entrenches dominance, appeal says
Class Actions 2024-01-31 11:24 pm By Christine Caulfield

A law firm that lost a contest to run a class action against Toyota unit Hino has appealed a decision to give the case to a larger rival based on past experience, saying the ruling would act as a deterrent to smaller firms wanting to enter the market for group proceedings.

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ā€˜Nothing that I can doā€™: Judge reluctantly imposes $1.8M penalty on Westpac in Ausgrid case
Financial Services 2024-01-31 12:41 pm By Cindy Cameronne

A judge has reluctantly hit Westpac with a $1.8 million penalty after the bank admitted to unconscionable conduct when trading on the morning of a $16 billion deal to privatise electricity provider Ausgrid, saying it was the maximum fine allowed under the relevant law.

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AI copyright claims could have edge in Australia, experts say
Analysis 2024-01-31 9:46 pm By Sam Matthews

Australian IP lawyers are closely watching The New York Times’ copyright lawsuit seeking billions in damages from OpenAI and Microsoft, but it remains to be seen whether Australia will become a favoured jurisdiction for similar suits or be left playing catch up, experts say.

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New owners of Nature’s Care face Wu family’s ‘nasty surprise’
Corporate 2024-01-31 10:57 pm By Cindy Cameronne

The current owners of vitamin giant Natureā€™s Care have won an urgent injunction against the company’s founding family, after a judge said it appeared they were trying to regain control of the corporate group.

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‘Turning around the Titanic’: Telstra fights bid to halt switch to new contractor
Telecommunications 2024-01-31 4:35 pm By Cindy Cameronne

Telstra will oppose a bid by former contractor Kingfisher Mobile to bar the telco from migrating customers to a new mobile services provider, saying that undoing the move would be like ā€œturning around the Titanicā€.Ā 

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