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Judge ‘uncomfortable’ with common fund order in toxic foam class actions
Class Actions 2019-04-03 5:21 pm By Miklos Bolza

A judge overseeing three toxic foam class actions against the Commonwealth of Australia has said he’s not comfortable approving a common fund order which does not detail specific remuneration amounts for funder IMF Bentham.

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Ethicon pelvic mesh class wants expanded group definition, again
Class Actions 2019-04-01 8:36 pm By Miklos Bolza

A class action against Johnson & Johnson unit Ethicon over allegedly faulty pelvic mesh implants is once more vying for an expanded group definition ahead of settlement talks as the clock ticks down to judgment.

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Two GetSwift shareholders opt out of class action, say company should put ‘legal obstacles’ behind it
Class Actions 2019-04-01 12:51 pm By Cat Fredenburgh

GetSwift shareholders Clutterbuck Capital Management and KPT Capital have opted out of a class action against the logistics services provider, blasting the “inappropriate and questionable” actions by some involved in the class action proceedings.

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AMP wants expert report tossed in ASIC insurance churn case
Financial Services 2019-03-26 10:11 pm By Cat Fredenburgh

AMP will challenge the admissibility of an expert report central to ASIC’s case over alleged insurance churning by one of the wealth manager’s former financial advisers, after a judge called on the regulator to be more transparent about its communication with the experts in the case.

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Judge wants four referees in toxic foam class actions
Class Actions 2019-03-19 9:25 pm By Cat Fredenburgh

The Chief Justice of the Federal Court wants four referees to weigh what’s expected to be voluminous expert evidence in three class actions against the Commonwealth of Australia over exposure to allegedly toxic foam used on a government military bases, saying with 60 class actions pending in the Federal Court, devoting a single judge to the case for months on end should be a “mechanism of last resort”.

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ASIC to go after GetSwift’s former general counsel
Securities 2019-03-19 7:59 pm By Miklos Bolza

The Australian Securities and Investments Commission wants to add GetSwift’s former inhouse lawyer as a respondent in its enforcement action against the logistics company, as debate rages over whether a class action against the company should be postponed.

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Judge calls for criteria to pick winner in competing class action battles
Class Actions 2019-03-13 9:43 pm By Christine Caulfield

The courts should be given express statutory power to resolve competing class actions that establishes the factors to consider when picking a winning case, a leading class action judge has said.

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Judges have the power to issue common fund orders, appeals courts rule
Class Actions 2019-03-01 8:59 pm By Miklos Bolza

Common fund orders in class actions are legal and not unconstitutional, six judges found Friday after a history-making joint sitting of two appeals courts.

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GetSwift weighs bid to toss law firm from ASIC action
Class Actions 2019-03-01 1:21 pm By Miklos Bolza

GetSwift has warned it may seek an injunction blocking Johnson Winter & Slattery from acting as instructing lawyers to the corporate cop in its enforcement action against the logistics company, saying the firm provided advisory work for it last year.

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Victorian Government can’t save Esso’s Bass Strait arbitration
Employment 2019-02-20 5:59 pm By Miklos Bolza

The Full Court of the Federal Court has shot down a bid by the Victorian Government to intervene a second time in a long-running bargaining dispute between Esso Australia and three key Australian unions over its Bass Strait offshore oil and gas operations.

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