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Maurice Blackburn says it can deliver the goods in BHP class action
Appeals 2019-05-02 10:34 pm By Christine Caulfield

Law firm Maurice Blackburn has fired its opening salvo in a high-stakes appeal of a judge’s decision rejecting its class action against BHP over the Brazilian dam failure, saying the ruling deprived group members of pocketing higher net returns on any recovery and of choosing a more experienced firm to run the case for them.

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‘No reason in logic’ why Ethicon pelvic mesh class should not be expanded, judge says
Class Actions 2019-05-02 4:27 pm By Cat Fredenburgh

A judge has signed off on the lead applicants’ bid to expand the current group definition in a class action against Johnson & Johnson unit Ethicon over allegedly defective vaginal mesh products, saying there was “no reason in logic” why the request should be denied.

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Property developers accused of ‘gaming the system’ at GST class action trial
Class Actions 2019-05-01 10:58 pm By Amelia Birnie

Multiple Canberra property developers have been accused of deliberately trying to avoid repaying GST to home buyers at the outset of a class action trial involving almost 500 apartment owners.

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After drawing scrutiny from judge, toxic foam class action funding structure revealed
Product Liability 2019-04-23 10:41 pm By Christine Caulfield

The sought-after commission at the centre of an unsuccessful common fund application in a class action over the use of toxic foam at a RAAF base near Katherine, NT has been revealed as 15% of any gross recovery in the case plus up to three and a half times the funder’s costs.

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Zoetis appeals security of costs ruling in horse vaccine class action
Class Actions 2019-04-18 1:01 pm By Cat Fredenburgh

Horse vaccine maker Zoetis has appealed a ruling that denied its request for $450,000 as security for costs in an unfunded class action accusing it of failing to warn about the vaccine’s side effects.

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High Court refuses special leave to losing GetSwift class action
Appeals 2019-04-18 10:48 am By Christine Caulfield

The battle over competing shareholder class actions against logistics tech company GetSwift is over, with the High Court rejecting a bid by one of the losing class action applicants to take another look at their case.

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Common fund bid in toxic foam class action dismissed after applicant bristles at more scrutiny
Class Actions 2019-04-12 11:36 pm By Christine Caulfield

A judge has tossed an application for a common fund order in a class action over the use of toxic foam on a RAAF base near Katherine, NT after a barrister for the lead applicants said the bid would be withdrawn if the judge appointed an independent “contradictor” to scrutinise the proposed funding structure.

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Judge calls for joint expert report in ASIC’s insurance churn case against AMP
Financial Services 2019-04-08 7:57 pm By Miklos Bolza

An argument over the admissibility of an expert report produced by the Australian Securities and Investments Commission in its insurance churn case against AMP was sidestepped Monday, with a judge proposing experts from both sides instead file a joint report in the case.

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Judge says no to security for costs in unfunded Zoetis horse vaccine class action
Class Actions 2019-04-04 11:00 pm By Christine Caulfield

A judge has refused an application by horse vaccine maker Zoetis for $450,000 as security for costs in an unfunded class action alleging misleading claims by the pharmaceutical company, saying while he had the power to make the order sought, the “principled exercise” of his discretion was to reject the bid.

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GetSwift class action to get in line behind ASIC case
Class Actions 2019-04-04 8:27 pm By Miklos Bolza

A judge has agreed to postpone a trial against logistics provider GetSwift until next year when a class action and a lawsuit by the Australian Securities and Investments Commission related to the company’s disclosures will be heard consecutively rather than concurrently.

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