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Bayer can take another crack at ‘scientific knowledge’ defence in Essure class action
Class Actions 2023-03-09 5:05 pm By Sam Matthews

A class action against Bayer over its Essure contraceptive has lost a bid to knock out the pharmaceutical giant’s defence that argues any defects in the device could not have been discovered given the state of scientific knowledge at the time the implants were sold in Australia.

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Hotel’s compliance with COVID-19 orders didn’t doom $11.25M sale: High Court
High Court 2023-03-08 4:53 pm By Sam Matthews

The High Court has ruled that the buyer of a well-known Sydney hotel was not entitled to repudiate the purchase agreement because of the hotel’s compliance with restrictions on public gatherings during the COVID-19 pandemic, which affected the operation of the business.

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News Corp, Ten seek to prove Higgins’ rape claims in Bruce Lehrmann defamation case
Defamation 2023-03-08 5:20 pm By Cindy Cameronne

Network Ten and News Corp have mounted truth defences in response to a defamation suit by accused rapist Bruce Lehrmann, arguing the claim that he raped fellow Liberal staffer Brittany Higgins in Parliament House in 2019 is substantially true.

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Judge wary of Bruce Lehrmann cross-examination in limitations stoush
Defamation 2023-03-08 6:53 pm By Cindy Cameronne

A judge has expressed “reluctance” at a bid for accused rapist Bruce Lehrmann to face cross-examination at an upcoming hearing over whether his defamation claims against Network Ten, News Corp and two journalists should be tossed for being brought out of time.

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Court wants to avoid judgment of ‘hundreds of pages’ in Monsanto class action
Class Actions 2023-03-08 3:43 pm By Sam Matthews

A busy judge has pushed the parties in a class action against agrochemical giant Monsanto to split the trial to focus first on the question of whether the company’s Roundup weed killer causes cancer so that he can avoid writing a judgment of “hundreds and hundreds” of pages.

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Ex-Nuix CEO appeals loss in $180M case over options agreement
Appeals 2023-03-08 3:07 pm By Cat Fredenburgh

Former Nuix CEO Edward Sheehy is challenging his loss in a lawsuit claiming he’s owed $183 million in options under a 2008 agreement with the technology company.

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Animal drug giant Zoetis pursues barristers, solicitor for $3.8M in class action costs
Class Actions 2023-03-07 11:37 pm By Christine Caulfield

Pet and livestock drug company Zoetis, which prevailed in its defence to a class action over horse vaccine Equivac, is going after the legal team that ran the unfunded case, seeking orders that the lawyers pay a big portion of its $3.8 million legal bill.

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Court won’t allow suit over $200M in Lendlease purchase options
Real Estate 2023-03-07 5:57 pm By Cindy Cameronne

An appeals court has dismissed a challenge in a lengthy legal drama between the children of one of Australia’s richest families, finding that a lawsuit over $200 million in Lendlease purchase options was not brought in good faith.

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‘Simply unworkable’: Judge finds MP, Sally Rugg cannot work together
Employment 2023-03-07 12:58 pm By Sam Matthews

A judge has rejected a bid by Independent Monique Ryan’s chief of staff Sally Rugg to keep her job until her “hotly contested” suit against the MP is resolved, saying she was “far from persuaded” that Rugg actually wants to return to work.

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Remarks from bench show Full Court judges lean in favour of CFOs
Class Actions 2023-03-06 11:57 pm By Cindy Cameronne

Two judges on the Full Court bench hearing arguments over power to make common fund orders when approving class action settlements appeared to tip their hand on Monday, chipping away at a High Court judgment that has sowed deep division.

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