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Question of power to make settlement CFOs sent back to Full Court
Class Actions 2023-02-28 4:27 pm By Christine Caulfield

The divisive issue of whether judges are empowered to make a common fund order to distribute the costs of a funding commission at the settlement stage of a class action is headed back to the Full Federal Court next week.

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In Jaguar Land Rover class action contest, ‘innovative’ funding model challenged
Automotive 2023-02-28 5:23 pm By Cindy Cameronne

A law firm has questioned an ā€œinnovativeā€ funding model proposed by its rival in a contest to run a class action against Jaguar Land Rover over allegedly defective diesel filters in its vehicles.

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Funderā€™s $7M cut in Fonterra class action up in the air amid CFO uncertainty
Class Actions 2023-02-28 8:47 pm By Sam Matthews

A judge has indicated his willingness to approve a $25 million settlement in a class action against dairy co-op Fonterra, but deferred the question of the funder’s cut until after the Full Court rules on whether the court has the power to make a common fund order at settlement.

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Advanta beats back appeal in contaminated seeds class action
Appeals 2023-02-28 9:55 pm By Sam Matthews

Advanta Seeds has won an appeal upholding the dismissal of a class action by sorghum farmers over allegedly contaminated seeds, with a court finding that the seed producerā€™s duty of care was negated by clear disclaimers.

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New allegations OK’d on eve of trial in Bayer Essure class action
Product Liability 2023-02-27 9:26 pm By Sam Matthews

A class action against Bayer over its Essure device has won court approval to add new allegations, including that the contraceptive caused sexual dysfunction, with a judge finding the new claims could not have taken the German drug maker by surprise.

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Class action can’t get cladding sales figures from 3A Composites’ supplier
Class Actions 2023-02-27 11:01 pm By Christine Caulfield

A class action by property owners against the manufacturer and supplier of alleged combustible cladding has lost a bid for sales figures to estimate the value of their claims as the parties head into settlement negotiations next month.

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Nine defeats strike-out bid in defamation suit over ‘internet trolls’ broadcast
Defamation 2023-02-27 10:39 pm By Cindy Cameronne

Nine has defeated a bid to strike out its truth defences in a defamation case by a Melbourne hairdresser alleging a segment on ‘A Current Affair’ about ‘internet trolls’ and subsequent comments on the programā€™s Facebook page defamed her.

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De Costi Seafoods shows ‘no contrition’ in underpayments case, judge says
Employment 2023-02-27 3:08 pm By Cindy Cameronne

Seafood processing company De Costi Seafoods has been hit with a $60,000 penalty for failing to pay workers overtime for shifts starting before 6am, with a judge finding the company failed to show any contrition.Ā 

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Slew of insurers targeted in Virgin bond holders class action
Class Actions 2023-02-24 4:51 pm By Cat Fredenburgh

A class action accusing Virgin Australia of failing to disclose its true financial position in a 2019 prospectus for a $324 million capital raising is seeking to join a slew of the airline’s insurers to the case.

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Chinese crypto miner wins return of equipment in five-way stoush
Cryptocurrency 2023-02-24 10:26 pm By Sam Matthews

A Chinese crypto miner has won its equipment back, for now, after a Melbourne business it charged with looking after the machines allegedly allowed four other businesses to access them, culminating in a five-way stoush involving an ambulance and police.

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