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$27M settlement rejected in pelvic mesh class action, group members may learn
Class Actions 2021-02-24 5:51 pm By Miklos Bolza

The rejection of a $27 million settlement offer in a class action over American Medical Systems’ pelvic mesh products may be included in a proposed opt out notice, with a judge mulling whether to inform group members about a little used law which allows one lead applicant to take over from another.

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New evidentiary tool on cards as 7-Eleven class action judge hears first ever oral discovery bid
Class Actions 2021-02-19 4:07 pm By Miklos Bolza

A Federal Court judge overseeing two franchisee class actions against 7-Eleven has heard a landmark application for pre-trial oral discovery that could create another tool for lawyers to source evidence otherwise blocked by confidentiality agreements.

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‘I’m not having vague excuses about COVID in the UK’: Judge slams ex-Linchpin director
Financial Services 2021-02-18 6:54 pm By Spencer Fowler Steen

A judge will not let proceedings brought by ASIC against four former Linchpin Capital directors drag on, slamming a “vague” excuse from one of the directors, who awaits word from his insurers on whether his defence costs will be covered, that London is still in a state of “total confusion” due to COVID-19.

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Class actions can’t pursue insurance brokers to boost Quintis settlement, court hears
Class Actions 2021-02-18 1:45 pm By Miklos Bolza

Two insurance brokers have dodged being dragged into class action proceedings against sandalwood producer Quintis to boost a settlement reached last year, as a fight over insurance owed to the company to cover the settlement continues.

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Settlement attempts in GetSwift class action like flogging a dead horse, court hears
Class Actions 2021-02-17 3:17 pm By Miklos Bolza

Further attempts to settle a securities class action against last mile logistics software firm GetSwift would be like flogging a dead horse, a judge has heard as the matter works its way towards a final hearing.

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CBA cops to misleading customers on more than 12,000 occasions
Financial Services 2021-02-16 6:05 pm By Spencer Fowler Steen

Commonwealth Bank of Australia could be on the hook for a large penalty after the court found the bank engaged in misleading and deceptive conduct and violated its financial services obligations on more than 12,000 occasions by overcharging customers more than $2.2 million in interest.

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GetSwift slammed for ‘unfair attack’ on judge hearing class action, ASIC case
Class Actions 2021-02-15 7:18 pm By Miklos Bolza

GetSwift has been criticised for its “quite unfair attack” on a Federal Court judge who refused to disqualify himself from hearing a shareholder class action against the logistics software company after presiding over ASIC’s civil penalty proceeding against the company.

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Judge questions whether novel PFAS class action should go to Full Court
Class Actions 2021-02-12 3:16 pm By Spencer Fowler Steen

A judge has raised the possibility of referring a class action against the Morrison government for allegedly contaminating Indigenous land with toxic firefighting foam to the Full Federal Court due to novel questions the case raises about whether damages can be recovered for cultural loss.

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Commonwealth Bank won’t defend ASIC case over $2.9M in overcharged interest
Financial Services 2021-02-12 12:14 pm By Spencer Fowler Steen

Proceedings launched by ASIC in December accusing the Commonwealth Bank of Australia of saddling consumers with $2.9 million in inflated interest rates on their business overdraft accounts on more than 12,000 occasions will move swiftly to a penalties hearing.

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Barrister turns tables on vision-impaired Daily Telegraph legal team in case over deaf lawyer
Defamation 2021-02-11 1:31 pm By Christine Caulfield

A barrister for a Sydney criminal lawyer who wears hearing aids and is suing News Corp’s Nationwide News over allegedly defamatory Daily Telegraph articles referring to his profound deafness has likened the stories to accusing bespectacled lawyers of being blind.

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