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Reports of death of common fund orders greatly exaggerated
Analysis 2019-12-19 11:46 pm By Christine Caulfield

Common fund orders in federal class actions could live to see another day, the Federal Court has indicated in new guidance to be released Friday, which swiftly responds to a recent judgment by the High Court that appeared to spell their doom.

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Class wins access to Appco insurance docs in sham contracting case
Employment 2019-12-19 10:18 pm By Cat Fredenburgh

Appco has agreed to hand over insurance policy documents to the lead applicant in a $90 million sham contracting class action, amid concerns about the dire financial state of the fundraising company as the matter moves towards mediation.

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Westpac class action on shaky ground after High Court ruling
Class Actions 2019-12-19 6:30 pm By Miklos Bolza

A class action against Westpac over allegedly excessive insurance premiums that was at the centre of a successful High Court challenge to common fund orders may back out of funding the case in the wake of the landmark ruling.

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‘Australia’s largest class action’ turns to bookbuilding after common fund blow
Class Actions 2019-12-19 6:04 pm By Miklos Bolza

A planned class action by Shine Lawyers, pegged as “Australia’s largest class action,” over allegedly toxic firefighting foam at eight Commonwealth military bases won’t be filed this month and has turned to bookbuilding following a landmark High Court ruling striking down common fund orders at the outset of class actions.

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Fight to lead Monsanto class action could be on the cards
Product Liability 2019-12-19 2:39 pm By Miklos Bolza

A beauty contest to lead a class action against Monsanto over its allegedly cancer-causing weedkiller Roundup could be on foot, with the US chemical giant now facing one class action in the Federal Court and another in the Victorian Supreme Court.

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Pelvic mesh cases remind judge of the days when ‘mobile phones resembled house bricks’
Class Actions 2019-12-18 10:52 pm By Miklos Bolza

A Federal Court judge has frowned on a bid to transfer 12 individual cases over allegedly defective pelvic mesh to various state and territory courts, saying the manner in which the cases had been brought reminded him of the 1990’s when “mobile phones resembled house bricks” and suggesting the cases could be brought as a class action.

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GetSwift shareholder info should be off limits for class action bookbuilding, judge told
Class Actions 2019-12-17 8:13 pm By Christine Caulfield

Contact details of shareholders provided by GetSwift to the firm running a class action should not be used to recruit group members now that the common fund order in the case has been quashed, the logistics company has told a court.

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Appco ‘running out of money’, class action judge hears as fight over insurance docs looms
Employment 2019-12-17 6:05 pm By Christine Caulfield

Fundraising company Appco has told a judge overseeing a $90 million sham contracting class action it is “running out of money” and wants to mediate the dispute as soon as possible.

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Judge looks out for pensioners as NAB ‘junk’ insurance class action settlement approval delayed
Class Actions 2019-12-03 2:37 pm By Miklos Bolza

A judge on Tuesday questioned how elderly group members struggling with the digital age can register in a ‘junk’ insurance class action against National Australia Bank, amid the postponement of hearing to approve the $49.5 million settlement reached in the case.

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Judge in toxic foam class action says court not a ‘supplicant’ of the Commonwealth
Class Actions 2019-11-29 10:59 pm By Miklos Bolza

The Federal Court judge overseeing three class actions against the Commonwealth of Australia over allegedly toxic firefighting foam has criticised the government’s handling of the case, saying the court did not have to ask permission for how to run the proceedings.

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