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Day of reckoning arrives for Banksia class action lawyers
Feature 2021-10-08 10:50 pm By Christine Caulfield

It has been described as the darkest chapter in Victoria’s legal history, an exemplar of all that is terrible with class actions in Australia. A case of greedy lawyers who found their golden egg in a group of retirees who had lost their life savings, never thinking the chickens might come home to roost. Until now.

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Judge wrong to shut down MySuper class action, appeals court hears
Appeals 2021-09-27 9:01 pm By Miklos Bolza

A judge overstepped in throwing out a class action against two National Australia Bank units over alleged MySuper mismanagement because of a carveout in the Victorian Supreme Court Act which bars class actions involving trust property, an appeals court has heard.

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NAB super class action must cover bases with group members after landmark ruling
Class Actions 2021-08-23 2:57 pm By Miklos Bolza

The applicant in a Federal Court class action against NAB superannuation trustee NULIS has been ordered to find a sample group member in light of a landmark Victoria Supreme Court ruling that found the plaintiff in a similar class action could not establish any loss.

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Public housing lockdown class action to proceed after lawyer stripped of licence
COVID-19 2021-08-03 3:53 pm By Miklos Bolza

A class action over Melbourne’s public housing lockdown during its second COVID-19 wave in July last year will continue after the lawyer previously running the case was stripped of her practicing certificate.

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Class action members having ‘second thoughts’ after payments from Monash IVF, court told
Class Actions 2021-07-14 3:38 pm By Miklos Bolza

Monash IVF patients who accuse the company of destroying viable embryos are having “second thoughts” after accepting payment offers by the fertility clinic and signing away their rights to participate in a class action, a Victoria Supreme Court judge has heard.

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Negligence claims in COVID-19 class actions should be axed, aged care providers tell court
COVID-19 2021-07-13 7:34 pm By Cindy Cameronne

Two Melbourne-based aged care providers want negligence claims that are unrelated to COVID-19 removed from class actions over their handling of the pandemic, in a move that may exclude a “very large number” of group members from the proceedings.

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Insurer may be dragged into COVID-19 class action against security firms
COVID-19 2021-06-04 1:27 pm By Miklos Bolza

The lead plaintiff in a class action against security firms Unified and MSS Security over last year’s second COVID-19 wave in Victoria might drag an insurer into the proceedings after Unified went into liquidation.

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COVID-19 class actions against Victorian government doomed to fail, court told
Class Actions 2021-05-31 10:38 pm By Christine Caulfield

Two class actions over Victoria’s botched handling of the COVID-19 hotel quarantine program alleged to be responsible for the state’s second pandemic wave plead a novel duty of care that doesn’t exist, a court has heard.

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Lawyers who accused Vic Supreme Court of bias dodge contempt finding
Legal Ethics 2021-05-31 6:55 pm By Cindy Cameronne

A barrister and solicitor who accused the Victoria Supreme Court of bias have avoided a contempt of court ruling, despite a judge finding their conduct “fell short of the standards of competence and diligence” expected of lawyers.

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Consumer law claims dropped in Bayer contraceptive class action
Class Actions 2021-05-14 10:33 pm By Cindy Cameronne

The lead applicant in a class action against Bayer over its allegedly defective Essure contraceptive devices has won court approval to drop her consumer law claims against the German drug maker, with a judge agreeing that the plaintiff’s defect and negligence claims had a better chance of succeeding.

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