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‘This cannot go on any further’: Judge threatens to dismiss NAB class action
Class Actions 2023-10-25 3:32 pm By Cindy Cameronne

A judge overseeing a class action against NAB has ordered group members to be sent an unusual notice stating that the case has been run in a “wholly unsatisfactory manner” and said he will consider dismissing the action if it continues in the same vein.

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White Oak claims insurer owed a novel duty of care in $6B Greensill cases
Insurance 2023-10-24 9:02 pm By Cindy Cameronne

Lender White Oak Commercial Finance will bring a novel claim against insurer Bond & Credit Company alleging it owed a duty of care to disclose an investigation into Greensill when it bought securities from the collapsed financier’s German-based bank.

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Monsanto loses bid to throw out ‘cut and paste’ expert evidence in Roundup class action
Class Actions 2023-10-24 11:18 pm By Cat Fredenburgh

Monsanto can’t throw out the evidence of an expert for the plaintiff in a class action over its Roundup product who has testified that the company engaged in criminal conduct in trying to bury scientific reports on the popular weed killer’s alleged cancer-causing properties.

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Judge to take on Heston Russell costs assessment after reports of $2M in fees
Defamation 2023-10-24 11:46 pm By Cindy Cameronne

The judge overseeing ex-commando Heston Russell’s defamation case against the ABC over reporting of alleged war crimes will be involved in assessing his costs after media reports put his lawyers’ fees at $2 million.  

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Lisa Wilkinson sues Ten for costs of defending Bruce Lehrmann suit
Defamation 2023-10-19 11:24 pm By Cat Fredenburgh

Television presenter Lisa Wilkinson has reportedly taken Network Ten to court, arguing her employer has reneged on a promise to cover her costs in defending defamation proceedings by former Liberal staffer Bruce Lehrmann.

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Ex-commando Heston Russell wins $390,000 in defamation case against ABC
Judgment 2023-10-16 12:27 pm By Cindy Cameronne

A judge has awarded ex-commando Heston Russell $390,000 in damages over coverage of alleged war crimes in Afghanistan, in the first ever post-trial judgment in a defamation case to consider the public interest defence.

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Judges have power to make settlement CFOs, says Full Court
Class Actions 2023-10-12 11:36 am By Cindy Cameronne

The Full Federal Court has answered a question vexing the court for the past four years, ruling that class action judges have the power to make common fund orders at settlement that allow litigation funders to reap a percentage commission beyond their contractual entitlement. 

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Settlement CFO ruling another landmark in class action development
Analysis 2023-10-12 11:34 pm By Christine Caulfield

The Full Federal Court’s finding that the High Court did not extinguish the power of judges to make common fund orders on approval of class action settlements is the latest milestone in the evolution of Australian class action jurisprudence, experts say.

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Full Court shoots down ‘misconceived’ bid to undermine Fair Work class actions
Employment 2023-10-12 4:51 pm By Cindy Cameronne

A judge has declined a union’s bid to throw out an employee class action against McDonald’s after the Full Federal Court confirmed that employee class actions are not precluded by the Fair Work Act. 

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Judge’s blessing of ‘solicitors’ CFO’ may bring class actions back to Federal Court
Class Actions 2023-10-12 11:40 pm By Cat Fredenburgh

A Federal Court judge’s endorsement of the novel idea of a ‘solicitors’ common fund order’ may reverse the trend of class action lawyers running to the Supreme Court of Victoria, where they can earn a contingency fee, to file their cases.

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