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Virgin Australia lobs cross-claim in bondholder class action
Class Actions 2023-10-09 10:26 pm By Sam Matthews

A bondholder class action against Virgin is heating up, with the airline filing a cross-claim seeking the court’s approval to demand periodic payments from the applicant to cover its costs under a contentious indemnity clause.

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Judge says expert referral process in Pacific Highway case ‘gone off the rails’
Construction 2023-10-06 4:06 pm By Cindy Cameronne

A judge has raised concerns about expert evidence in a dispute between Acciona Infrastructure, Ferrovial Construction and three insurers over losses during construction of the $695 million Pacific Highway in NSW, saying the expert referral process had “gone off the rails”.

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PFAS class action member faces opt out hurdle after $22M settlement
Class Actions 2023-10-03 1:44 pm By Cindy Cameronne

A resident of the Wreck Bay Aboriginal Community has been granted more time to decide whether he wants to bring a late bid to opt out of a class action after a $22 million settlement over PFAS contamination was approved, but a judge has warned he will face a high bar. 

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A judge’s guide to winning the class action settlement administration gig
Class Actions 2023-09-26 11:30 pm By Cindy Cameronne

A former top judge appointed to decide the first-ever contest to administer a class action settlement has set out his criteria for making the choice, and has warned that giving the firm running a case a monopoly right to dole out the proceeds could lead to higher costs for group members and poorer settlement outcomes.

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Judge in Qantas case questions why unions don’t file class actions
Employment 2023-09-20 1:31 pm By Cindy Cameronne

A judge has asked why the union representing Qantas workers did not bring a class action on behalf of 1,700 ground crew who were sacked during the COVID-19 pandemic, as he ordered the airline’s new CEO to attend settlement talks after losing its High Court appeal.

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Winner of J&J class action settlement gig beats back challenger
Class Actions 2023-09-15 11:22 pm By Cindy Cameronne

The runner-up in a contest to administer Johnson & Johnson’s $300 million settlement of two pelvic mesh class actions has lost a challenge to a decision awarding the prize to the team of Slater & Gordon, BDO and the firm of former Shine Lawyers solicitor Jan Saddler.

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Competition case against NSW Ports destined for High Court, court told
Competition & Consumer Protection 2023-09-15 10:21 pm By Cindy Cameronne

A New South Wales developer’s argument that the Full Court was “plainly wrong” to dismiss the ACCC’s competition case against NSW Ports over the privatisation of two ports is destined for the High Court, a judge has heard. 

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COVID-19 insurance class action members can ‘have their cake and eat it too’: judge
Insurance 2023-09-08 11:55 pm By Cindy Cameronne

A judge considering bids to de-class COVID-19 business interruption class actions has said group members can sign up for the representative proceedings but later decide to make claims directly with their insurers.

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Judge refuses to bar children, non-Indigenous people from PFAS settlement
Class Actions 2023-09-08 11:26 pm By Cindy Cameronne

A judge has rejected a bid by in-fighting group members to bar children and non-Aboriginal residents in the Wreck Bay community from receiving a cut of an approved $22 million settlement over alleged PFAS contamination.

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Monsanto to attack decades of science in Roundup class action, court told
Trials 2023-09-04 10:25 pm By Sam Matthews

On the first day of a seven-week trial, the applicant in a class action against Monsanto has taken aim at the agrochemical giant’s “same old approach” to undermining decades of evidence it says demonstrates the cancer-causing properties of popular weed killer Roundup.

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