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Judge puts class action lawyers on notice to reduce costs with junior barristers
Class Actions 2021-04-28 3:02 pm By Miklos Bolza

A Federal Court judge has ordered that a referee consider how junior barristers were used in assessing the legal costs in an insurance class action against Westpac which the bank has agreed to pay up to $30 million to settle.

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CBA warns of ‘danger’ in using app to alert customers to $7M penalty
Financial Services 2021-04-28 2:31 pm By Miklos Bolza

The Commonwealth Bank of Australia is resisting a novel proposal by ASIC to use its CommBank app to notify 6.3 million customers of a $7 million fine against it for overcharging interest, saying the move would pose a “significant risk” to the public.

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Mediation success rates have ‘plummeted’ in COVID era, judge says
Financial Services 2021-04-28 2:14 pm By Miklos Bolza

A judge has urged parties in a class action against Westpac over superannuation fees to hold an in-person mediation, saying that success rates have “plummeted” during the COVID-19 pandemic as more settlement talks are held virtually.

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Court can order class action opt out notices for limited number of group members, judge says
Class Actions 2021-04-27 9:21 pm By Miklos Bolza

A judge has found he has power to order that opt out notices be sent to a limited number of Boral shareholders eligible to join two class actions that faced off last month in a class action beauty parade.

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‘Absolutely not’: Judge won’t hold Ethicon-type trial in TFS pelvic mesh class action
Class Actions 2021-04-23 10:59 pm By Miklos Bolza

Hoping to avoid a lengthy trial like the 89-day hearing in the pelvic mesh class action against Johnson & Johnson’s Ethicon, a judge has suggested splitting up a class action hearing over TFS Manufacturing and IVS pelvic mesh products to focus on the question of the devices’ safety and efficacy first.

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Judge ‘bereft’ of power to vary $138M IAG settlement to allow late opt outs
Insurance 2021-04-23 5:07 pm By Miklos Bolza

A $138 million class action settlement with IAG over alleged junk insurance will go ahead after a judge found he was “bereft” of power to vary his prior approval judgment and include late opt out bids by group members that threatened to derail the agreement last month.

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Lawyer wins costs despite rejecting $120,000 settlement offer in defamation case
Defamation 2021-04-21 11:24 am By Miklos Bolza

News Corp and journalist Annette Sharp will have to pay the legal costs of Sydney lawyer Christopher Murphy who won a $110,000 judgment in his defamation case against the publisher, despite the lawyer rejecting an $120,000 offer to settle the case.

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Brother of NBA star sues sister for defamation over historical sexual abuse allegations
Defamation 2021-04-20 4:53 pm By Miklos Bolza

The half-brother and manager of NBA star Ben Simmons has filed defamation proceedings against his half-sister over a barrage of tweets accusing him of sexually molesting her when she was a child.

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‘Optimistic’ judge calls for talks in competing class actions against Boston Scientific
Class Actions 2021-04-19 5:37 pm By Miklos Bolza

A judge has urged the parties in two pelvic mesh class actions against Boston Scientific to come up with a “pragmatic solution” to the competing proceedings filed in the Federal and NSW Supreme courts.

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Sydney lawyer wins $110,000 defamation judgment over ‘gossipy and intrusive’ News Corp article
Defamation 2021-04-19 12:34 pm By Miklos Bolza

High profile criminal lawyer Christopher Murphy has been awarded a $110,000 judgment in his defamation case over a “gossipy and intrusive” Daily Telegraph article which a judge found had damaged the lawyer’s professional reputation.

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